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26 Jan 2017, 1:51 pm by Kent Scheidegger
"Available" does not mean "might (or might not) become available at some indefinite point in the future. [read post]
13 Jan 2012, 3:51 pm by Record on Appeal
Today, the Hawaii Intermediate Court of Appeals issued an opinion, authored by Judge Foley and joined by Chief Judge Nakamura and Judge Fujise, in Stephen Mitsuo Adams v. [read post]
1 Jul 2011, 6:46 am by Dr Mark Summerfield
We commented in our original report that the finding on infringement appeared to be based on a particularly narrow construction of the claims in question, and that the finding of invalidity seemed more akin to inutility, or lack of fair basis, and that it would be interesting to see what would happen on appeal. [read post]
10 Nov 2011, 5:45 am
Interestingly, the Court of Appeals seems to tell the the 4th Circuit and the parties that this is not a lex loci delicti case but instead focuses on whether the Act is substantive or procedural. [read post]
20 Mar 2017, 8:01 am by John C. Manoog III
In other words, a worker does not receive total replacement of his or her lost wages, only a percentage thereof. [read post]
15 Jun 2018, 9:38 am by Wachler & Associates, P.C.
For appellants, any Medicare Part A or Part B provider or supplier (with an assigned National Provider Identifier number) is eligible for participation, so long as that provider or supplier has not filed for bankruptcy or expects to file for bankruptcy in the future; does not have past or current False Claims Act litigation or investigations against them or other program integrity concerns such as civil, criminal or administrative investigations; and has either: (1) 25 or more eligible… [read post]
15 Jun 2018, 9:38 am by Wachler & Associates, P.C.
For appellants, any Medicare Part A or Part B provider or supplier (with an assigned National Provider Identifier number) is eligible for participation, so long as that provider or supplier has not filed for bankruptcy or expects to file for bankruptcy in the future; does not have past or current False Claims Act litigation or investigations against them or other program integrity concerns such as civil, criminal or administrative investigations; and has either: (1) 25 or more eligible… [read post]
21 Nov 2007, 7:18 pm
Professors Jame Stribopoulos and Moin Yahya recently published an article in the Osgoode Hall Law Journal entitled, Does a Judge's Party of Appointment or Gender Matter to Case Outcomes? [read post]
8 Oct 2013, 8:23 am by Beth Graham
The appeals court continued, Although the Union couched its suit as a declaratory judgment action based on a statute, the thrust of its complaint arises under the very terms of the CBA, and thus its pleading as a declaratory judgment suit does not control. [read post]
11 Aug 2020, 1:28 pm by James Hoffmann
It also means your employer does not need to offer the other benefits this program included, such as time off work and lost wages. [read post]
5 Mar 2022, 6:35 pm by Lawrence B. Ebert
Cameron appeals with respect to the claims the Board found to be unpatentable and Nitro cross-appeals with respect to the claims the Board upheld. [read post]
14 Aug 2017, 4:47 am by Adrian Miedema
A trucking company should have offered a tanker truck driver fresh training before asking him to pull a 53′ refrigerated trailer (referred to as a “reefer” load) which was longer and taller, a health and safety appeals tribunal has ruled. [read post]
9 Mar 2015, 3:00 am
As regards efficiency, the current average duration of 34.3 months for proceedings before the BOA needs to be improved, as does the average number of cases dealt with by each member of the BOA (see statistics in Annex 2). [read post]