Search for: "Others Similarly Situated"
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18 Aug 2011, 10:48 am
Put another way, “Payments made to or benefits conferred on the injured party from other sources [i.e., those unconnected to the defendant] are not credited against the tortfeasor’s liability, although they cover all or a part of the harm for which the tortfeasor is liable. [read post]
18 Aug 2011, 9:35 am
The legislative history of Civil Rights Law § 50-a is similarly unavailing to petitioners' position. [read post]
18 Aug 2011, 1:49 am
Imposing liability for negligence in these situations resembles strict liability. [read post]
17 Aug 2011, 6:26 am
., had failed to pay him and other similarly situated employees overtime and minimum wages in violation of the FLSA, state labor laws, and state breach-of-contract laws. [read post]
16 Aug 2011, 10:45 pm
[Plaintiff] makes the following allegations under this cause of action: Defendant owed Plaintiff and others similarly situated the duty to make proper inspections to The Dallas Zoo. [read post]
16 Aug 2011, 5:16 am
Similarly situated, though, lies in the eyes of the beholder. [read post]
16 Aug 2011, 4:30 am
Sunshine and other similarly situated plaintiffs. [read post]
15 Aug 2011, 11:54 am
Similarly, in another case a physician failed to catch an electronic records alert when they mistakenly gave an individual a hepatitis C-positive kidney in a transplant. [read post]
15 Aug 2011, 8:35 am
The Act defines “sales representative agreement” broadly: it covers “a contract or agreement, either express or implied, whether oral or written, for a definite or indefinite period, between a sales representative and another person or persons, whereby a sales representative is granted the right to represent, sell, or offer for sale a [principal’s] goods by use of the latter’s trade name, trademark, service mark, logotype, advertising, or other… [read post]
15 Aug 2011, 4:00 am
In other words, copyright holders are most concerned with consumptive appropriation of their works. [read post]
14 Aug 2011, 4:23 pm
Known as the “Feres Doctine,” the rule effectively bars members of the armed forces from collecting damages against the government in these situations and similarly bans the family of service members from filing wrongful death or loss of consortium claims. [read post]
14 Aug 2011, 10:23 am
" The definitions of information, public authority, record and right to information in clauses (f), (h), (i) and (j) of section 2 of the RTI Act are extracted below: "(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be… [read post]
14 Aug 2011, 9:59 am
Aggregation may suffice to bring otherwise nonregulable, “trivial” instances of intrastate activity within Congress’s reach if the cumulative effect of this class of activity (i.e., the intrastate activity “taken together with that of many others similarly situated”) substantially affects interstate commerce. [read post]
13 Aug 2011, 7:58 am
[FN1] Those two sentences are followed by the provision authorizing employees to file suit under the Act: “An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer … in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. [read post]
13 Aug 2011, 6:51 am
Similarly, agriculture is not commerce. [read post]
13 Aug 2011, 12:00 am
We conclude that it does not violate equal protection because offenders convicted under section 288(a) are not similarly situated to persons convicted of offenses under section 261.5 (unlawful sexual intercourse with a minor), section 288a, subdivision (b)(1) (§ 288a(b)(1)) (oral copulation with a minor), and section 289, subdivision (h) (§ 289(h)) (sexual penetration with a minor). [read post]
12 Aug 2011, 11:50 am
Plaintiffs are seeking to represent similarly situated persons in a class action. [read post]
12 Aug 2011, 7:55 am
” Similarly, offensive comments by a police officer were more likely to harm than help the prosecution, he said. [read post]
12 Aug 2011, 6:14 am
Half of the groups heard the pairs played similarly. [read post]
11 Aug 2011, 7:27 pm
According to the complaint filed by Davis on behalf of herself and "on behalf of all others similarly situated," i.e. other former and current paralegals at the firm, she was allegedly a nonexempt employee, and "was not compensated at the FLSA mandated time-and-a-half rate for hours worked in excess of forty per week. [read post]
