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25 Aug 2017, 2:59 pm
In this case, the defendant likely has a bona fide fair use defense even when the attribution of the source is correct. [read post]
19 Sep 2016, 1:33 pm
Bill doesn't think so, as it would be against public policy, and there's also the question of "frequency of occurrence;" that is, we have a lot more tornadoes and hailstorms (for example) than bona fide terrorist actions [ed: knock wood].As always, consult your own policy and agent for specific answers about your policy. [read post]
19 Aug 2022, 4:00 am
”The court also rejected plaintiffs' 1st Amendment Free Exercise claims, saying in part:In the context of the COVID-19 vaccine mandate, the medical exemption is rightly viewed as an essential facet of the vaccine’s core purpose of protecting the health of patients and healthcare workers, including those who, for bona fide medical reasons, cannot be safely vaccinated. [read post]
30 Mar 2015, 9:30 pm
Pan American Airlines (5th Cir. 1971), overturning Pan Am’s ban on male flight attendants, to illustrate how airlines and other employers tried and failed to exploit Title VII’s bona fide occupational qualification (BFOQ) exception in the years after the Civil Rights Act’s enactment. [read post]
4 Nov 2020, 1:52 pm
.' [Cites] By forcing us to examine those myriad arguments before rejecting them as having no factual or relevant legal support, Mogan has caused a 'useless diversion of this court’s attention' from '[o]ther appellate parties, many of whom wait years for a resolution of bona fide disputes.'”)Plus Mr. [read post]
11 Sep 2022, 5:32 am
@VP is showing her bona fides with her eloquent and correct answers. [read post]
30 Aug 2022, 4:05 am
Michigan’s Employment Clause allows employers to apply to the Commission for an exemption on the basis that religion is a bona fide occupational qualification (BFOQ) reasonably necessary to the normal operation of the business or enterprise. [read post]
1 Jun 2023, 4:00 am
Discussing plaintiff's Title VII failure to accommodate claim, the court said in part:Plaintiff’s claim that his Catholic faith informed his decision not to receive the COVID-19 vaccine is sufficient at the pleading stage to meet the prima facie element that he has a bona fide religious belief.... [read post]
16 Mar 2014, 11:44 am
If both parties are bona fide Massachusetts residents they can file a divorce before the one year has passed. [read post]
2 Dec 2015, 6:17 pm
However, if any bona fide benefits are claimed and are not paid, the injured employee may be entitled to Sec. 50 benefits under the workers' compensation statutes. [read post]
17 Nov 2013, 5:23 pm
The secondary factors usually considered by courts are (1) whether there is a right to fire at will without case; (2) whether the one performing services is engaged in a distinct occupation or business; (3) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision; (4) the skill required in the particular occupation; (5) whether the principal or the worker supplies the instrumentalities,… [read post]
10 Sep 2015, 6:00 am
The CO issued “a request for information about the bona fides of the Employer’s business. [read post]
21 Feb 2017, 9:37 am
The United States contends that the payments and meals were intended as improper inducements because Forest provided these benefits even when the programs were cancelled (and Forest provided no evidence of a bona fide reason for the cancellation), when no licensed health care professionals attended the programs, when the same attendees had attended multiple programs over a short period of time, or when the meals associated with the programs exceeded Forest’s internal… [read post]
3 Mar 2016, 6:48 am
Webster, presumably, benefited from his (irrelevant) pro-life bona fides, though so little is spent on these elections I suspect most people who voted for him knew nothing at all about him.In the race between Mary Lou Keel, Chris Oldner, and Tea Partier Ray Wheless, Keel and Wheless made the runoff. [read post]
13 Dec 2023, 10:00 pm
Given there was no wrongdoing, and absent an intent to defraud, the AD1 thought no “alter ego” or “piercing” analysis applied here.And, finally, given that the shareholders weren't “strangers to the lease,” a claim for “tortious interference,” couldn't be asserted against them, particularly since “their actions were driven by a bona fide economic interest — namely, the interest in not having defendant tenant… [read post]
13 Nov 2023, 10:06 am
White, The Position of the European Security Architecture Within the International Legal Order Marise Cremona, The Reception and Enforcement of International Law in the EU Legal Order Roberto Baratta, Treaty Interpretation In the EU: Ensuring Consistency with the Bona Fide Principle and Jus Cogens Marco Gestri, Sanctions, Collective Countermeasures and the EUMartina Buscemi, Responding to the EU’s Rule of Law Crisis: Any Role for General International Law? [read post]
24 May 2022, 7:06 am
The occasional Martin Luther King Jr. quote shows up, signaling social justice bona fides without being too alienating. [read post]
15 Apr 2013, 5:00 am
You see, there are four exceptions to the Act's general rule of equal pay for equal work:a bona fide seniority system, a merit system, a system which measures earnings by quantity or quality of production, or any factor other than gender The Third Circuit agreed with the lower court that the retired Municipal Clerk's yearly salary increases over his 29-year tenure in the position "both explained and motivated the wage disparity." [read post]
2 Jul 2013, 4:39 am
That's because the YANKEES embraced the latter mark, but the RED SOX did not embrace the former.Disparagement found:TTAB Affirms 2(a) Disparagement Refusal of STOP THE ISLAMISATION OF AMERICAPrecedential No. 9: Divided TTAB Panel Affirms 2(a) Disparagement Refusal of "KHORAN" for Wines Precedential No. 52: TTAB Affirms 2(a) Disparagement Refusal of "HEEB" for Clothing and Entertainment Services Precedential No. 41: Red Sox See No Humor in "SEX ROD" for Clothing; TTAB Finds Lack of… [read post]
18 Dec 2012, 4:55 pm
The FLSA provides exemptions to overtime for some types of employees, i.e. outside sales, bona fide executive, administrative, and professional. [read post]
