Search for: "Others Similarly Situated"
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6 Mar 2012, 6:25 am
Preferences are treated with disfavor in bankruptcy because they contradict the fundamental bankruptcy policy of ensuring the equitable distribution of a debtor's nonexempt assets among similarly situated creditors. [read post]
17 Dec 2015, 9:51 am
Concluding that the provision cannot stand, the court enjoined every prosecutor in the state from enforcing it against the plaintiffs and all other persons similarly situated. [read post]
4 Sep 2012, 6:49 am
Other circuits use Conte Bros. [read post]
12 May 2009, 5:11 am
The First Court similarly rejected defendant’s argument that the Court’s holding encourages plaintiffs to artfully plead around CAFA jurisdiction, again finding that defendant’s concern was not before it under the facts of this case. [read post]
15 May 2019, 2:00 am
Preventative Measures to Keep in Mind To prove sex-based discrimination under Title VII, an employee must show she is paid less than a similarly situated male employee who is directly comparable in all material respects, and that the employer intended to discriminate against her. [read post]
15 Aug 2011, 4:00 am
In other words, copyright holders are most concerned with consumptive appropriation of their works. [read post]
6 Jun 2008, 4:56 pm
In 45% of the cases, conflict occurred over other tasks such as communication and pain control. [read post]
22 Sep 2015, 10:07 pm
It also ignores the critical part that class actions play in facilitating that role by enabling similarly situated individuals to seek relief in federal court even when their injuries are too small to make individual lawsuits feasible.Consider what would have happened in my case, if Campbell-Ewald's argument had been the rule. [read post]
3 Nov 2013, 2:18 pm
In deciding not to exclude defendants and others similarly situated from the category of sex offenders, the Legislature could have considered not only that cases where the term is unmerited are few, but also that the process of separating those cases from the majority in which it is justified is difficult, cumbersome and prone to error. [read post]
27 Jun 2024, 9:29 am
Facial invalidation would be particularly inappropriate given that Section 922(g)(8) is subject to a severability clause, which states that the invalidation of one of the statute's applications does not affect "the application of such provision to other persons not similarly situated or to other circumstances. [read post]
24 Sep 2012, 10:45 am
In its appeal, the Town raised several arguments: "(1) RLUIPA is by its terms inapplicable to the environmental quality review process employed by the Town to reject the proposal, (2) there was insufficient evidence that the defendants had imposed a substantial burden on plaintiffs’ religious exercise under RLUIPA, (3) plaintiffs’ class-of-one Equal Protection claim is not viable because they have not alleged a single comparator similarly situated in all respects, (4)… [read post]
15 May 2019, 2:00 am
Preventative Measures to Keep in Mind To prove sex-based discrimination under Title VII, an employee must show she is paid less than a similarly situated male employee who is directly comparable in all material respects, and that the employer intended to discriminate against her. [read post]
10 Jun 2007, 3:44 pm
While my gut reaction is that Bork's lawsuit is baseless, I'm inclined to do for him what I'd do for any other similarly situated plaintiff: Put my faith in the jury system to sort out the matter. [read post]
26 Jan 2010, 4:26 am
But there’s also the little matter than Johns’ situation doesn’t seem to fall within the PCR statute, which is limited to claims of constitutional violations. [read post]
6 Jun 2023, 8:29 am
Under Kennedy’s test, the “significant-nexus” requirement could be met if the wetlands, either “alone or in combination with similarly situated [wet]lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters [more readily] understood as navigable. [read post]
SJC Punts Again on Global Remedy, But Adopts New Protocol to Resolve Dookhan Drug Cases More Quickly
10 Feb 2017, 7:03 am
Hopefully the SJC’s action will work as designed, and then provide a roadmap for cases involving Farak and any future situations where the Court is called upon to right a similarly widespread wrong. [read post]
7 Feb 2011, 9:50 am
The Tribunal noted that none of the other salaried employees who were similarly situated to the applicant had been kept on during this period, hence the respondent's failure to retain the applicant could not be viewed as evidence of differential treatment on the basis of disability.- Robert Tanha, TorontoVisit our Toronto Law Firm website: www.wiselaw.net TORONTO EMPLOYMENT LAW • TORONTO CIVIL LITIGATION & ESTATE LITIGATION • TORONTO FAMILY LAW &… [read post]
7 Jun 2011, 4:21 am
Plaintiff alleged that it was defendants’ policy and practice to unreasonably estimate employees’ automotive expenses for reimbursement purposes, which caused Plaintiff and other similarly situated individuals to be paid less than the federal minimum wage and the Colorado minimum wage from 2007 to 2009 in violation of the FLSA and the CMWWA. [read post]
4 Aug 2012, 11:02 am
The court must determine what is in the best interest of the child and what custody situation will promote the child's greatest welfare and happiness. [read post]
4 Feb 2019, 9:30 pm
” Similarly, in the latest shutdown, Justice Department attorneys became effectively unavailable to represent agencies in civil litigation. [read post]
