Search for: "In Matter of Condition of SY" Results 61 - 80 of 190
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23 Jul 2018, 4:00 am by Public Employment Law Press
Because the first conclusion cannot be reached as a matter of law on the present record, [district court] dismissal was premature. [read post]
17 Apr 2018, 11:29 am by Eugene Volokh
"Conditioning the right of free speech upon the monetary worth of an individual is inconsistent" with constitutional principles. [read post]
29 Sep 2017, 11:37 am by Wolfgang Demino
Henry v Cash Biz LP et al Update Payday loan companies filed for bankruptcy on September 18, 2017 - 3 days after oral argument before the Texas Supreme Court in consumers' action against them. [read post]
11 Sep 2017, 9:18 am by Wolfgang Demino
When confronted with the identical language in Howsam, the Third Circuit stated:Properly considered within the context of the entire opinion . . . we believe it becomes clear that the Court was referring only to waiver, delay, or like defenses arising from non-compliance with contractual conditions precedent to arbitration . . . and not to claims of waiver based on active litigation in court.See Ehleiter v. [read post]
29 Jul 2017, 5:32 pm by Wolfgang Demino
To survive a motion to dismiss, a complaint must "contain sufficient factual matter, accepted as true, `to state a claim to relief that is plausible on its face.'" Ashcroft v. [read post]
17 Apr 2017, 7:13 am by Rachel Adams Ladeau
Cir. 2017) again declined to rule on the National Labor Relations Board’s (“NLRB” or “Board”) position that employers cannot prohibit discussions of matters under investigation absent a specific, case-by-case determination supporting the need for confidentiality. [read post]
6 Apr 2017, 1:35 pm by Lawrence B. Ebert
The court ultimately agreed thatMedicines had disclaimed the “inefficient mixing conditions”of Example 4 and adopted Mylan’s proposed constructionof “efficiently mixing” to require “not usinginefficient mixing conditions such as described in Example4. [read post]
29 Dec 2016, 2:18 pm by Michael S. Levine
However, the court refused to dismiss FRS’s claim that Travelers acted in bad faith by imposing inappropriate conditions precedent to claim initiation and failing to diligently investigate, fairly evaluate, and promptly communicate with FRS. [read post]
24 Aug 2016, 9:52 am by Beth Graham
See Epic Sys., 823 F.3d at 1159 (“Because the NLRA renders [the defendant’s] arbitration provision illegal, the FAA does not mandate its enforcement. [read post]