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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]
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,… [read post]
23 Sep 2012, 4:09 am
It is therefore improper under Medicare for a physician other than the physician* performing the procedure to apply in a Modifier 25 situation. [read post]
21 Sep 2012, 7:11 am
Similarly, the failure of the arbitrator to comment on an email attached to Mesa's brief was insufficient to demonstrate bias. [read post]
20 Sep 2012, 12:50 pm
Perhaps a smarter way to deal with such a situation would be the path Karen J. [read post]
20 Sep 2012, 9:05 am
Similarly, if you show something on screen, learn to pause to let your audience take it in. [read post]
19 Sep 2012, 10:33 am
In my next blog, I'll discuss some of the other conditions that might crop up in a common acquisition deal. [read post]
18 Sep 2012, 3:14 pm
The court concluded that the plaintiffs had failed to show that the loan processors were similarly situated and denied certification. [read post]
17 Sep 2012, 4:42 am
DeRosa was concerned that it might not represent `real hands played by real players’ and might include false data points representing instances in which live players -- who may have believed that they were playing against another, similarly-situated person -- were playing against either a computer or a confederate of the gaming company. [read post]
17 Sep 2012, 1:30 am
To do so, we recommend the following: First, ask your insurance broker for recommendations as to other similarly situated companies that went public in terms of what D&O limits they purchased. [read post]
17 Sep 2012, 1:30 am
To do so, we recommend the following: First, ask your insurance broker for recommendations as to other similarly situated companies that went public in terms of what D&O limits they purchased. [read post]
14 Sep 2012, 3:49 pm
This changes if two or three members are recused due to a conflict or similarly legitimate reason for not participating. [read post]
14 Sep 2012, 10:50 am
Thus, the Ninth Circuit concluded that Marilyn Monroe died domiciled in New York, New York law applied to the question whether Monroe LLC had the right to enforce her posthumous right of publicity, and because no such right exists under New York law, Monroe LLC could not enforce the right against Milton Greene or "others similarly situated. [read post]
14 Sep 2012, 2:02 am
Several other variables did, as predicted. [read post]
13 Sep 2012, 11:30 am
McDonald's was stupid (opinion) to sue and any other (generic) company similarly situated is nuts (opinion) to replicate that incredible (opinion) failed (fact) strategy. [read post]
13 Sep 2012, 8:51 am
Different families will have different ways of handling these situations, but the net effect will be a transfer of money from younger to older generations.The most potent part of the argument, however, is not financial. [read post]
12 Sep 2012, 6:19 am
Similarly, under Section 1142(a), a motorist with a stop sign must stop and, then, yield to other vehicles already on the roadway or near approaching. [read post]
11 Sep 2012, 12:21 pm
For those who focus on rates of racially polarized voting as a way of distinguishing the covered from the noncovered jurisdictions, moreover, the 2012 reelection provides one more set of data points to assess the gap, if any, in performance between the African-American candidate of choice (to use VRA lingo) and similarly situated white candidates. [read post]
11 Sep 2012, 9:05 am
Plaintiffs were consumers of Cheerios who resided in California, New Jersey, and New York, seeking to sue on behalf of all similarly situated individuals in the United States. [read post]
11 Sep 2012, 8:52 am
The question was whether they were fair uses carving out space—privileged despite confusion—or situations where there was no confusion and that’s why the use was fair. [read post]
