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26 Apr 2013, 4:00 pm
The agency need not prove numerosity, or other Rule 23 requirements. [read post]
26 Apr 2013, 1:21 am
The idea is that the Board would nip a fraud claim in the bud by requiring the claimant to show its hand regarding its proof of fraud. [read post]
25 Apr 2013, 7:26 am
Their role in the claims investigation is more important than several other keys in an investigation. [read post]
25 Apr 2013, 6:00 am
With these new CIC measures, biometrics are simply fingerprints and photographs, which can mean all the difference when attempting to identify a person who has applied to enter the country. [read post]
24 Apr 2013, 8:31 am
It’s only fair to treat all federal pleaders the same. [read post]
24 Apr 2013, 8:30 am
It is all directed one way. [read post]
24 Apr 2013, 6:00 am
Claimant complaints in the file can also be very subjective in nature, etc. [read post]
23 Apr 2013, 10:21 am
This standard "governs the pleading standard 'in all civil actions and proceedings in the United States district courts.'" [read post]
23 Apr 2013, 8:51 am
Some effectively prevent an action from succeeding, while others can even prevent an action being heard on the merits. [read post]
23 Apr 2013, 6:57 am
Barnes, and said that all of the petitioners and the respondent were claiming the right to the proceeds of both policies, and tendered the money into court, and asked the court to decide which of the claimants were entitled to receive the funds and asked that it be discharged with its costs and attorneys' fees. [read post]
21 Apr 2013, 8:25 am
An insurance company which knows that rival claimants are actively asserting their rights is usually held to have reasonable grounds for withholding payment; it will not be subjected to the statutory penalties if the other conditions set out above are satisfied. [read post]
19 Apr 2013, 6:54 am
” Similarly, Steven Schwinn at Constitutional Law Prof Blog describes the case as potentially causing a “significant blow to the [Fair Labor Standards Act's] provision that allows an employee to sue on behalf of all others ‘similarly situated’” – unless Justice Kagan’s “dissent is right [and] this is a one-off that should never happen again. [read post]
18 Apr 2013, 11:56 pm
More confusion all round Both landlords and tenants seem as confused as each other by individual scheme requirements, what is the point of adding more confusion? [read post]
18 Apr 2013, 7:39 am
For reasons we will explain in a bit, however, the Court merely "assumed" -- without deciding -- that an unaccepted Rule 68 offer of judgment that offers complete relief moots the named plaintiff's individual claim and, in the absence of any other claimant having opted into the action, the individual plaintiff lacks any personal interest in representing others in the case. [read post]
18 Apr 2013, 7:39 am
For reasons we will explain in a bit, however, the Court merely "assumed" -- without deciding -- that an unaccepted Rule 68 offer of judgment that offers complete relief moots the named plaintiff's individual claim and, in the absence of any other claimant having opted into the action, the individual plaintiff lacks any personal interest in representing others in the case. [read post]
18 Apr 2013, 6:00 am
In Vickers, the Fifth Circuit determined that the Section 20(a) presumption did not apply to Claimant’s secondary autoimmune disorder because Claimant predicated his second claim on a vague catch-all clause. [read post]
18 Apr 2013, 3:37 am
Lundbeck’s defence of its SPC against proceedings for revocation commenced by Generics (UK), Arrow Generics, and Teva, has already been all the way to the House of Lords (as it then was), noted by the IPKat here. [read post]
17 Apr 2013, 10:45 am
The Court concluded that the plaintiff had no personal interest in representing putative, unnamed claimants, nor did she have any other continuing interest that would preserve her suit from mootness. [read post]
17 Apr 2013, 9:45 am
The Court concluded that the plaintiff had no personal interest in representing putative, unnamed claimants, nor did she have any other continuing interest that would preserve her suit from mootness. [read post]
17 Apr 2013, 9:45 am
He explained that the only thing the Ledbetter Fair Pay Act did was to extend the charge filing period indefinitely when a Title VII claimant challenges a discrete pay decision. [read post]