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To successfully plead this cause of action, a plaintiff must demonstrate that (1) they were similarly situated in material respects to other individuals against whom the law was not enforced and (2) the selective enforcement infringed on a constitutional right. [read post]
16 Aug 2023, 8:25 am by Svenja Raube
Following the experience of the humanitarian disasters on the African continent in the 1990s, several other African regional organizations included similarly worded provisions in their collective security mechanisms. [read post]
16 Aug 2023, 7:38 am by Dan Harris
Chinese manufacturers fear losing their foreign buyers to other countries that can avoid the tariffs. [read post]
16 Aug 2023, 7:00 am by Brian Finucane
The apparent logic is that such a tripwire would deter Iran from further attacks or attempts to seize tankers or other commercial vessels. [read post]
16 Aug 2023, 6:00 am by Second Circuit Civil Rights Blog
But to show you were "similarly situated" with other favored employees, the comparison must be a tight one. [read post]
15 Aug 2023, 12:52 pm by Richard Reibstein Esq.
  TMX Intermodal Logistics LLC has been sued by a driver in a New Jersey state court alleging that he and other similarly situated owner-operator drivers have been misclassified as independent contractors in violation of New Jersey’s Wage Payment and Wage and Hour Laws. [read post]
15 Aug 2023, 12:13 pm by Norman L. Eisen
In that situation, it would presumably resume once his term ends. [read post]
15 Aug 2023, 8:52 am by Jonathan H. Adler
The Foundation has plausibly alleged that when chalking the "Black Pre-Born Lives Matter" message, its advocates were similarly situated to advocates who painted and marked the "Black Lives Matter" message. . . . [read post]
14 Aug 2023, 12:37 pm by Vercammen Law
Under the old law, upon filing an affidavit with the surrogate the surviving spouse is entitled to the assets of an estate without administration if the assets do not exceed $10,000; similarly, in situations where there is no surviving spouse and the assets of the estate do not exceed $5,000, the heirs are entitled to the assets without administration if one of the heirs files an affidavit with the consent of the remaining heirs. [read post]
14 Aug 2023, 7:35 am by Norman L. Eisen
Will former President Trump and the other defendants be arrested? [read post]
14 Aug 2023, 7:13 am by Shannon K. DeBra
   Similarly, the Stark Law carveout from the definition of “referral” – for services that are personally performed by a physician – rarely will apply with respect to DME. [read post]
13 Aug 2023, 9:00 am by ricelawmd_3p2zve
  General deterrence is when you try to stop similarly situated parties from doing the same thing by making an example of the defendant in this case. [read post]
Companies using staffing agencies to build out their workforce will be required to make disclosures about the job title, pay, and benefits of similarly situated permanent employees to ensure that temporary workers receive at least equal wages and benefits from the staffing agencies. [read post]
The Davis-Bacon Act requires contractors and subcontractors working on federally-funded construction projects to pay their workers the same prevailing wages as provided to similarly-situated workers in the relevant geographic area. [read post]
9 Aug 2023, 5:59 am by Bob Ambrogi
“New models from Google, Meta and others are coming out with increasing frequency and capabilities. [read post]
9 Aug 2023, 4:01 am by Jon Hyman
Yerkes also alleges that—in contrast to similarly situated men in her position—she was required to perform "demeaning" tasks that did not fall within her job description. [read post]
8 Aug 2023, 6:39 am by Kevin LaCroix
In other words, the follow-on suit transforms a matter that would not trigger the policy into something that does trigger the policy. [read post]
7 Aug 2023, 9:12 pm by Bona Law PC
Similarly, citations about market definition make sense because the definitions of both the product and geographic markets were contentious points in the opinion. [read post]