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21 Oct 2022, 10:40 am
§ 113, which exempts “labor dispute[s]” that “concern[] terms or conditions of employment,” encompasses concerted action by independent contractors that does not relate to an employer-employee relationship. [read post]
21 Oct 2022, 9:42 am
That would be unfair to the defendant, and the defendant would have no recourse under Ohio law. [read post]
21 Oct 2022, 8:43 am
Most ERISA cases either end with a defense win (fees can technically be awarded to a prevailing defendant, but it seldom happens and when it does, only under very unusual circumstances) or settle without a fee proceeding ever occurring. [read post]
21 Oct 2022, 7:59 am
Under the continuous treatment doctrine, however, the limitations period does not begin to run until the end of the plaintiff’s treatment; if the plaintiff continued to seek a course of care from the defendant during the relevant time period and actually obtained such care, the care was for the same complaints or conditions underlying the plaintiff’s medical malpractice claims, and the treatment was continuous. [read post]
“He Cares about People”: Sotomayor Praises Thomas As Professors and Pundits Pile on Personal Attacks
21 Oct 2022, 7:37 am
I try, but he does it better. [read post]
21 Oct 2022, 6:30 am
But Fleming does not grapple with the enormous volume of scholarship examining the original meaning of the Fourteenth Amendment. [read post]
21 Oct 2022, 5:57 am
" Doe v. [read post]
21 Oct 2022, 5:40 am
However, you may be unsure of exactly what a criminal defense lawyer does and how having a lawyer can help someone accused of a crime. [read post]
21 Oct 2022, 4:33 am
” Two people have been arrested and detained, while the remaining five defendants are at large. [read post]
21 Oct 2022, 4:00 am
It appears that the Patent Office sometimes refunds or does not charge the fee, but the regulation sets out the fee and does not guarantee it will be refunded. [read post]
21 Oct 2022, 12:00 am
The court will order that ‘all vehicles available to the defendant’ be fitted with a device that prevents the engine from starting if the device detects alcohol on the driver’s breath, for one year, which can be reduced to six months if the driver does not test positive. [read post]
20 Oct 2022, 2:59 pm
In IBM, Judge Reyna joined Judge Hughes’ opinion siding with the defendant. [read post]
20 Oct 2022, 2:57 pm
If the defendant does meet its burden, though, the plaintiff can only overcome the defendant’s motion by showing that they sustained a serious injury as defined by New York’s no-fault act. [read post]
20 Oct 2022, 2:26 pm
If the insurance does not carry through the appeal stage, the insured person may be deprived a key element of his or her defense. [read post]
20 Oct 2022, 1:50 pm
He comes up with an argument to defend it. [read post]
20 Oct 2022, 9:53 am
If the entity does not issue a rejection letter, the deadline to file suit will change. [read post]
20 Oct 2022, 9:53 am
If the entity does not issue a rejection letter, the deadline to file suit will change. [read post]
20 Oct 2022, 9:35 am
Simply because a physician informs their patient of the potential complications that could arise during a procedure does not mean that they cannot be held liable for medical malpractice, though. [read post]
20 Oct 2022, 9:12 am
With two impeachments to compare side-by-side, the rally-'round-our-guy story does seem to be a promising explanation. [read post]
20 Oct 2022, 8:19 am
It goes against our sense of fair play just like a frivolous lawsuit does. [read post]