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3 Aug 2012, 7:30 am
Also believes that the appellate court should review the matter under a matter of law standard and not abuse of discretion standard.Full opinion available at: http://www.utcourts.gov/opinions/appopin/johnson705012612.pdf [read post]
16 Feb 2012, 4:30 pm
§ 1132(a), accrues when a plan publishes and describes an unlawful change in benefits in its plan materials or only years later when the participant recognizes the legal error; (2) whether, when a plan’s methodology for calculating benefits is deemed void years later and it becomes necessary to determine which of a number of ERISA-compliant formulas the plan would have selected, a court should defer to the view of a plan administrator with “the exclusive right to interpret the Plan… [read post]
10 Aug 2016, 8:00 am
But for a libertarian who wants to decide which constitutional interpretive philosophy should be instrumentally useful (to be clear that is not I), it should not matter that the Constitution does not perfectly capture libertarianism. [read post]
19 Sep 2016, 12:41 pm
If the race stays as close as it now looks– which I don’t expect– that could matter. [read post]
7 Feb 2016, 1:08 pm
Issue(s): “The question is whether we should remand for the district court to decide whether the trial testimony was willfully and materially false, or whether we should instruct the district court that it cannot apply the enhancement as a matter of law. [read post]
3 Jun 2018, 11:02 am
Under the Ninth’s (correct) Orozco decision, the cops’ intent matters. [read post]
6 Nov 2015, 8:57 am
With October finished, baseball is over, basketball is meaningless, and college football won’t really matter for at least another month. [read post]
14 Nov 2014, 5:42 am
With the noisy midterms firmly behind us, we can at last breathe easy and turn our attention to more pressing matters. [read post]
16 Aug 2012, 2:39 pm
To speak with an experienced lawyer who focuses exclusively on family law matters today, please do not hesitate to contact the Law Office of Sandy T. [read post]
13 Aug 2010, 4:31 pm
This cutoff occurs no matter how negligently the work was performed. [read post]
3 Sep 2021, 3:12 am
But what, exactly, that means is a very different matter. [read post]
13 Apr 2012, 6:46 am
The second pass is the more difficult matters, the contested matters and the matters the Judge needs to be more involved. [read post]
31 Jul 2011, 11:24 pm
Allen and Johnson: [This is an automatic appeal from December 1997 judgments of death. [read post]
8 Jun 2010, 11:20 am
"Where a CBA contains a broad arbitration clause, our analysis in resolving whether the parties have so agreed is limited to 'determin[ing] whether there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the CBA'" (Matter of City of Elmira [Elmira Professional Firefighters' Assn., AFL-CIO, I.A.F.F. [read post]
31 Oct 2007, 7:45 am
A great blessing no matter how you slice it. [read post]
28 Aug 2014, 7:04 am
This fact-sensitive inquiry precluded judgment as a matter of law. [read post]
5 Apr 2021, 6:49 am
Special Counsel, states: “I am troubled by many aspects of this matter. [read post]
5 Apr 2021, 6:49 am
Special Counsel, states: “I am troubled by many aspects of this matter. [read post]
23 Apr 2019, 5:00 am
In the tradition of the very best trial lawyers, the Report is at its best in slowly and methodically confirming—and, in some cases, finding for the first time—the facts of the matter. [read post]
6 Jun 2018, 9:00 am
Or what if it doesn’t matter what Congress intended? [read post]
