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13 Jun 2022, 3:55 am
An application under Section 66(a) is not based on use, but rather on an international registration owned by the applicant and a bona fide intent to use. [read post]
20 Jan 2014, 5:08 am
The Ollis decision gives a good guide on what constitutes religious discrimination: To establish a prima facie case of religious discrimination, a plaintiff must show he (1) has a bona fide religious belief that conflicts with an employment requirement, (2) informed the employer of such conflict, and (3) suffered an adverse employment action. [read post]
Montana Supreme Court Upholds Preliminary Injunction Against Ban on Gender Affirming Care for Minors
17 Dec 2024, 4:00 am
A legislative prohibition of an approved medical procedure must satisfy the high bar of being narrowly tailored to serve a compelling state interest in addressing a bona fide health risk.... [read post]
24 Jan 2013, 8:13 am
(Case No. 10-1503), the Iowa Supreme Court recognized online publishers as media defendants worthy of the protection of an elevated burden of proof on plaintiffs in defamation claims.Iowa's High Court conferred the status of bona fide book publisher on Defendant Author Solutions, Inc. [read post]
15 May 2013, 11:48 am
It found that the children did not present any bona fide claims of wrongdoing or undue influence. [read post]
2 Oct 2014, 6:27 pm
Instead, the appellate court allowed the full discount taken based more on procedural issues than an objective determination that such a large discount is sustainable in a bona fide valuation dispute. [read post]
3 Feb 2015, 2:00 am
Employers who have bona fide reasons for dismissing an employee should avoid using “not the right fit”. [read post]
11 Jan 2016, 5:26 am
The district court disagreed, concluding that the ADA’s safe-harbor provision—which provides an exemption for activities related to the administration of a bona fide insurance benefit plan—protects the employer’s screening requirement: I conclude that the protections set forth in the ADA’s safe harbor enable employers to design insurance benefit plans that require otherwise prohibited medical examinations as a condition of enrollment…. [read post]
1 Nov 2012, 10:25 am
So, if you find it too difficult to deal with the opposite party, then it is important that you should consider hiring a bona fide lawyer. [read post]
28 Jan 2020, 5:56 am
Supreme Court found that the Defendants established prima facie that their selective hiring of male applicants as juvenile counselors did not violate the Human Rights Law because, pursuant to the Prison Rape Elimination Act* [PREA] and "industry best practice," sex is a bona fide occupational qualification [BFOQ] for juvenile counselors, and no reasonable alternative to the preferential hiring of male counselors existed to protect the privacy interests of male juvenile… [read post]
9 Oct 2017, 1:18 pm
Gerry files in Nevada, claiming that he's a bona fide resident of Nevada and has been so for quite a while. [read post]
22 May 2019, 6:40 am
I haven't had much to say here about the "dispute" concerning the House Democrats' request and subpoena for Trump's taxes, because I try to focus on things that are interesting, and here there is no bona fide legal dispute (hence the scare quotes).The case that the IRS has to hand over the tax returns is 100% ironclad, since the statute says "shall" and the request is clearly within legitimate Congressional oversight functions.Mnuchin is being… [read post]
2 Jul 2014, 1:33 am
Makate asked the court to issue a declaratory order confirming the conclusion of the oral agreement and directing that Vodacom enter into bona fide negotiations regarding remuneration.The High Court in Johannesburg handed down judgement yesterday, dismissing Makate’s claims with costs. [read post]
1 Apr 2025, 6:56 am
Thus, if associates walk off the job in protest, and the firm has a bona fide, consistently applied no-call/no-show or attendance policy, the NLRA likely does not protect their strike activity. [read post]
12 Feb 2008, 9:40 am
This means that an applicant for a TN is subject to the immigrant intent presumption found under INA § 214 (b).Under INA § 214 (b) the law presumes that every foreign citizen seeking admission as a nonimmigrant is an intending immigrant, unless the foreign citizen satisfies the immigration inspector at the time of application that he or she is a bona fide nonimmigrant. [read post]
6 Jul 2014, 9:10 pm
The officer was suspicious regarding the bona fideness of our client’s marriage. [read post]
15 Jul 2010, 2:10 am
This issue, as with similar ex part examination matters, does not form a basis for cancellation.As to (2), the submission of an amended drawing does not require verification. and the submission does not raise the issue of opposer's bona fide intent. [read post]
10 Mar 2025, 3:06 am
Patch was not a bona fide purchaser When Patch acquired its interest Viola’s will was on deposit in Illinois. [read post]
25 Mar 2008, 10:02 pm
The Panel noted that there is a split in URPD cases regarding whether a bona fide offering of goods or services on a reseller's (authorized or not) website using a mark in a domain name confers a legitimate interest on the reseller. [read post]
29 Aug 2014, 10:30 am
Even with the existence of defenses like the bona fide occupational qualification, sex-based discrimination is almost never permissible under federal law or FEHA. [read post]
