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22 Apr 2016, 2:45 am
First, the Court adopted a much more tranchant language in relation to the fair compensation requirement than the one employed in earlier decisions [in particular: Copydan (here) and Reprobel (here)].Despite the wording of Recital 35 in the preamble to the InfoSoc Directive, at para 17 of the decision [see also para 48] the CJEU stated that:"where Member States decide to introduce the exception, provided for in… [read post]
14 Jun 2017, 1:58 am by Matrix Legal Support Service
A fair balance had been struck when considering the overall scheme for separate provisions of free health services. [read post]
31 May 2011, 11:30 pm by Michael Scutt
Nor does the fact that the Secretary of State is not the employer of a DCS relieve him of the obligation to be fair. [read post]
25 Jun 2007, 1:46 am
Some of you may recall this post from last month about the Palmer v. [read post]
29 Jun 2014, 10:09 am by Venkat Balasubramani
When viewed in the light most favorable to the state, the court says the evidence is adequate. [read post]
16 Jul 2011, 10:00 pm by Rosalind English
And the Strasbourg Court has stated unambiguously that it regards the strictest institution permitted by UK law, the Special Immigration Appeals Commission (SIAC), to be a  ”fully independent court” which is best placed to ensure that no material was unnecessarily withheld from the detainee (A v United Kingdom 49 EHRR 695). [read post]
2 Nov 2023, 6:00 am by Public Employment Law Press
" In addition, the court noted that "employment discrimination claims brought under the City and State HRLs are generally analyzed under a more lenient notice pleading standard than federal discrimination claims and need only give a Defendant "fair notice" of the nature and grounds of Plaintiff's claims. [read post]
2 Nov 2023, 6:00 am by Public Employment Law Press
" In addition, the court noted that "employment discrimination claims brought under the City and State HRLs are generally analyzed under a more lenient notice pleading standard than federal discrimination claims and need only give a Defendant "fair notice" of the nature and grounds of Plaintiff's claims. [read post]
25 Apr 2023, 6:08 pm
";  and the Florida Supreme Court citing what it called the "still valid law of Plessy v. [read post]
30 Jul 2012, 4:08 pm by Michael O'Hear
United States (No. 11-5683), the Supreme Court resolved an important circuit split on the interpretation of the Fair Sentencing Act of 2010. [read post]
31 Jul 2012, 11:05 am by Michael M. O'Hear
United States (No. 11-5683), the Supreme Court resolved an important circuit split on the interpretation of the Fair Sentencing Act of 2010. [read post]
24 Aug 2011, 12:27 pm by Kathleen Rudis
A wrongful-death suit filed by the same-sex partner of a victim of the state fair stage collapse may break legal ground in the treatment of same-sex couples in Indiana. [read post]