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7 Nov 2019, 7:30 am
Beam Distilling Co. v. [read post]
24 May 2019, 3:01 pm
CHAMPIONS OF THE GIST (ANALYSIS) BRING ON A BIG CHILL ON PRESS FREEDOMS IN TEXAS Using its power to amend the "common law" the homogeneously Republican Texas Supreme Court has seen fit to exempt an entire industry (the legal profession) from the civil tort system by granting it "attorney immunity", but when it comes to a less captive audience, it's a different matter, even when the rights at issue are of constitutional dimensions. [read post]
15 Mar 2010, 2:09 pm
American Honda Motor Company, Inc. (2000) 529 U.S. 861, 868, 120 S.Ct. 1913, 146 L.Ed.2d 914) (National Highway Traffic Safety Administration) “[A] reading of the express pre-emption provision that excludes common-law tort actions gives actual meaning to the saving clause's literal language, while leaving adequate room for state tort law to operate-for example, where federal law creates only a floor, i.e., a minimum safety standard. [read post]
13 Feb 2023, 7:54 am
Rural Telephone Service Co. [read post]
15 Apr 2010, 2:19 pm
The Court’s reasoning was weak and tenuous at best. [read post]
1 Feb 2023, 9:01 pm
The Rule 506 safe harbor provides insulation from state blue sky laws and, as I’ve mentioned, from the registration provisions of the federal securities laws. [read post]
4 Oct 2011, 3:28 pm
These provisions, along with other compliance mandates in the Federal Organizational Sentencing Guidelines, the SEC’s up-the-ladder reporting requirement, and other federal regulations, are based on a presumption that corporate compliance programs can more cheaply and effectively regulate corporate employees than can external government regulators. [read post]
13 Sep 2022, 9:01 am
The Court permitted the Associated Builders and Contractors, Inc. [read post]
29 Feb 2016, 7:03 am
Caras Co., LPA, Dayton, for Appellees Lorna B. [read post]
27 Oct 2016, 8:48 am
Compliance with the Privacy and Security Rules of the Health Insurance Portability & Accountability Act (HIPAA) is a living process that requires employer and other health plans, health insurers, health care providers and healthcare clearinghouses to recurrently reevaluate their HIPAA enterprise risk and timely act to mitigate security threats to electronic (ePHI) and other protected health information and other HIPAA compliance concerns on an ongoing basis. [read post]
20 Feb 2014, 4:17 am
”[50] Other such rules have stemmed from state courts’ interpretations of the state constitution’s religious freedom provisions.[51] Likewise, the federal Religious Freedom Restoration Act mandates similar exemptions from federal laws.[52] By and large, such “religious accommodation” regimes provide that religious objectors may get exemptions even from generally applicable laws unless denying the exemption is necessary to serve a compelling government… [read post]
4 Mar 2010, 3:17 pm
Click Here Settlement Agreement for Recovery of Past Response Costs Colorado Bumper Exchange Site, Pueblo, Pueblo County, CO. [read post]
8 Jul 2013, 9:01 pm
The majority’s opinion also relies in large part on the fact that the mixed-motive provision falls in subsection 2, while the retaliation provision falls in su [read post]
Manage Retaliation Risks In Response To Updated EEOC Enforcement Guidance, Rising Retaliation Claims
31 Aug 2016, 2:02 am
U.S. employers, employment agencies, unions, their benefit plans and fiduciaries, and their management and service providers should move quickly to review and strengthen their employment and other practices to guard against a foreseeable surge in employee retaliation claims and judgements likely to follow the August 30, 2016 issuance by the Equal Employment Opportunity Commission (EEOC) of its new final EEOC Enforcement Guidance on Retaliation and Related Issues and concurrently published… [read post]
12 Apr 2018, 7:42 pm
Among other things, the FLSA tipped employee rules generally provide that a restaurant employer may consider tips part of wages (“tip credit”) provided by the employer only if it meets specific requirements including: The employer must pay the tipped employee at least $2.13 an hour in direct wages; The employer must ensure that the additional amount of tips a tipped employee receive coupled with the employee’s direct wages equals or exceeds the minimum wage; The… [read post]
8 Nov 2016, 6:37 pm
"Nella executed two wills in 2011, neither of which made provision for plaintiffs. [read post]
27 Dec 2011, 9:56 am
Janssen Pharmaceuticals, Inc., 951 N.E.2d 1238 (Ill. [read post]
14 Jul 2011, 10:08 pm
However, some states outsource the editorial operations to legal publishers such as LexisNexis and West Publishing Co. [read post]
3 May 2010, 9:30 pm
Smith Distributing Company, Inc. entered into an agreement with the U.S. [read post]
25 Jul 2017, 1:40 pm
Google, Inc., DOL ALJ No 2017-OFC-4, July 14, 2017) Dispute background. [read post]
