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6 Sep 2023, 9:36 am by Geoff Schweller
Attorney’s press release explains that “[b]etween 2012 and 2023, traditional Medicare (also known as Medicare Part B) reimbursed providers such as Lincare for the lease payments on oxygen equipment, but after three years of monthly lease payments, providers such as Lincare were required to continue to provide the oxygen equipment to the patient, but were not eligible for additional rental payments because Medicare had already reimbursed the provider for the full… [read post]
6 Sep 2023, 9:06 am by Anastasiia Kyrylenko
The OD rejected the application based on Art. 7(1)(b) EUTMR (lack of distinctiveness). [read post]
6 Sep 2023, 9:02 am by Donald Clarke
Until now, China has persisted on its relatively lonely path of upholding the theory of absolute immunity: you can’t hale a foreign state into court for any reason; courts of Country A simply don’t have jurisdiction over any Country B and its assets. [read post]
6 Sep 2023, 8:51 am by Daniel M. Kowalski
Stuart Anderson, Forbes, Sept. 6, 2023 "The current legal immigration system does not benefit the United States, according to immigration attorney Cyrus Mehta. [read post]
6 Sep 2023, 8:37 am by Daniel M. Kowalski
Immigration Narratives in the Age of Disinformation "Join Jose Antonio Vargas (Founder and President of Define American) and Dr. [read post]
6 Sep 2023, 8:00 am
COMPANY SAID TO HAVE WRONGFULLY TERMINATED EMPLOYEES FOR “SPEAKING OUT”According to a press release issued by the United States Equal Opportunity Commission (EEOC), a New Mexican company known as Third Bench Holdings, and its subsidiary, Las Cruces Cabinets d/b/a Sher-wood Cabinetry, have been sued for retaliating against employees who reported workplace “harassment and discriminatory treatment. [read post]
6 Sep 2023, 7:54 am by Kaufman Dolowich Voluck
The post Partner Avery Dial quoted in article, ” Medicare MOVEit breach a warning of persistent cyber-danger; watch impact,” Part B News, 8-21-2023 appeared first on Kaufman Dolowich. [read post]
6 Sep 2023, 7:00 am by Administrator
While they may have infringed certain of the Applicants’ rights under the Canadian Charter of Rights and Freedoms, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 and the Alberta Bill of Rights, RSA 2000, c A-14, these limitations were amply and demonstrably justified as reasonable limits in a free and democratic society pursuant to section 1 of the Charter and that they were enacted pursuant to a valid legislative purpose. [read post]
6 Sep 2023, 6:31 am
In the case of breaches of the duty of care (such as a shortfall in the performance of Revlon duties to obtain the best price reasonably available in a sale process), many claims for damages against target company directors and officers are nullified by the applicability of the right to exculpation as permitted by Section 102(b)(7) of the Delaware General Corporation Law. [3] But claims against an aiding and abetting third-party buyer are not entitled to any such exculpation. [read post]
6 Sep 2023, 6:31 am
In the case of breaches of the duty of care (such as a shortfall in the performance of Revlon duties to obtain the best price reasonably available in a sale process), many claims for damages against target company directors and officers are nullified by the applicability of the right to exculpation as permitted by Section 102(b)(7) of the Delaware General Corporation Law. [3] But claims against an aiding and abetting third-party buyer are not entitled to any such exculpation. [read post]
6 Sep 2023, 6:04 am by Sherica Celine
One of the most difficult things about litigation research is finding all related materials available for cases with similar fact and issue patterns. [read post]
6 Sep 2023, 6:00 am by Written on behalf of Peter McSherry
When determining whether 260 purchased just the assets of 637, or bought it as a “going concern”, the Court considered the following factors: “a) the nature of the transaction; b) the portion of the sale price allocated to goodwill; c) whether the duties of the individual or the terms of the employment with the new company are similar to and of the same character to the duties the individual had performed for the vendor of the business; d) whether the individual received a… [read post]
6 Sep 2023, 6:00 am by Written on behalf of Peter McSherry
When determining whether 260 purchased just the assets of 637, or bought it as a “going concern”, the Court considered the following factors: “a) the nature of the transaction; b) the portion of the sale price allocated to goodwill; c) whether the duties of the individual or the terms of the employment with the new company are similar to and of the same character to the duties the individual had performed for the vendor of the business; d) whether the individual received a… [read post]
6 Sep 2023, 5:37 am by Immigration Lawyer Peter Messersmith
CBP used their authority under INA 235(b)(1) to perform an expedited removal and barred her from returning to the US for 5 years. [read post]
6 Sep 2023, 5:36 am by ellenh
This post was originally published in October 2019 and updated in September 2023. [read post]
6 Sep 2023, 5:24 am by Robin E. Kobayashi
Cases 1680) that section 4662(b) does not provide a separate path to a finding of permanent and total disability. [read post]
6 Sep 2023, 4:27 am by SHG
The court, in determining the particular sentence to be imposed, shall consider— (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed— (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to… [read post]
6 Sep 2023, 4:00 am by Michael C. Dorf
Suppose that (a) Patrick had ruled otherwise; (b) Paxton had invoked his right against self-incrimination; (c) Paxton received use and derivative-use immunity; (d) Paxton testified; and then (e) at some point in the future, federal and/or state prosecutors tried Paxton on various criminal charges. [read post]
6 Sep 2023, 4:00 am by Robert McKay
Analytical, knowledgeable and insightful as ever, Jean O’Grady, of Dewey B Strategic, offers her observations and opinions in relation to the deal itself, the competitive responses and from a customer standpoint, presenting a range of pluses and minuses. [read post]