Search for: "Others Similarly Situated"
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13 Mar 2013, 11:50 am
To state a claim under Section 1 of the Sherman Act, the complaint must allege sufficient facts — as opposed to mere labels or legal conclusions — making the inference that the plaintiff’s injuries were the result of an unlawful conspiracy more plausible than competing inferences, such as that the injuries result from independent, legitimate business decisions by similarly situated actors. [read post]
13 Mar 2013, 6:32 am
The analytical methods to be used include pooled regression analysis (large groups) or non-pooled regression analysis (small groups), using a 2-standard deviation standard, and cohort analysis, comparing similarly-situated individuals. [read post]
12 Mar 2013, 4:41 pm
It seems inevitable that this will lead to a dynamic situation in which some local or divisional courts become perceived to be more patentee friendly than others. [read post]
12 Mar 2013, 2:32 pm
It's generally not good for similarly situated employees to have different outcomes in litigation, all other things being equal.(6) The legislation removes a powerful argument in an employee's arsenal - that a covenant does not protect a legitimate business interest. [read post]
12 Mar 2013, 5:33 am
(a) the commission by the other person of a personal violence offence against the person, or (b) the engagement of the other person in conduct in which the other person either intimidates the person (or a person with whom the person has a domestic relationship), or stalks the person. [read post]
11 Mar 2013, 6:01 pm
As part of this revision to the bankruptcy laws, argued th States, Title II expressly eliminated the federal guarantee that similarly situated creditors will receive equal treatment, by empowering the FDIC to depart from the ordinary rules of bankruptcy law and to discriminate among similarly situated creditors.The State Plaintiffs have been and continue to be directly and actually injured by Title II’s modification of the bankruptcy laws. [read post]
10 Mar 2013, 9:01 pm
Yet on the other hand, many of us fear an “approximate death. [read post]
10 Mar 2013, 6:35 am
Apparently that circumstance similarly extends to local police and other Fourth Amendment violations, if the reaction by the Garland PD to a seemingly illegal search caught by surveillance cameras is any indication. [read post]
10 Mar 2013, 6:31 am
Although one employee, the named plaintiff, has presumably benefitted to at least some extent from the private resolution, other similarly situated employees will likely not even know about it, and to the [read post]
7 Mar 2013, 5:32 am
Similarly important, always maintain a separate bank account for the corporation! [read post]
6 Mar 2013, 12:50 pm
To the contrary, as Potter points out, profits of one business can be used to estimate the lost profits of another similarly situated business. [read post]
6 Mar 2013, 7:10 am
McMillan sued under, among other statutes, the ADA. [read post]
5 Mar 2013, 6:10 pm
What if other similarly sized restaurants (in size and scope) require a bachelors degree, can we use that as an argument? [read post]
5 Mar 2013, 1:56 pm
Similarly, early exposures cannot explain harms that arise only out of teratogenic exposures. [read post]
5 Mar 2013, 8:58 am
Similarly, factual issues precluded summary judgment on Stone’s retaliation claim. [read post]
4 Mar 2013, 4:01 pm
In short, self-interest almost always leads universities to defend, rather than undermine, First Amendment academic privileges.Second, and perhaps revealing its true intentions in this action, Duke did not subpoena a host of similarly-situated news-gatherers. [read post]
4 Mar 2013, 1:59 pm
Generally, there is little room for interpretation in these situations. [read post]
4 Mar 2013, 4:00 am
It has since spread to other civil and family disputes. [read post]
3 Mar 2013, 2:52 pm
These claims highlight that media companies and others in the communications industry have to be prepared for patent litigation almost as a cost of doing business – and need to consult with patent lawyers about strategies if they are faced with such claims, and consider the potential of concerted defenses with others similarly situated if the defense does not violate other laws (such as the antitrust laws). [read post]
Monthly Independent Contractor Compliance and Misclassification News Update (covering February 2013)
2 Mar 2013, 12:07 pm
The installer seeks to represent himself and all other similarly situated installers under the Illinois Employee Classification Act, seeking back wages, employment benefits, and liquidated [...] [read post]
