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20 Jun 2022, 5:01 am by Eugene Volokh
But people might still interpret a decision as endorsing a certain justification even if that's not quite what the decision held, partly because many people don't read court decisions very closely or remember them precisely (again because of rational ignorance). [read post]
24 Mar 2015, 11:32 am by Venkat Balasubramani
As Judge Chhabria, who is hearing the Lyft dispute, notes, “[w]hether a worker is classified as an employee or an independent contractor has great consequences. [read post]
20 Apr 2012, 10:18 am by Rebecca Tushnet
If we talk about dividing patent law into rules/tech sectors, we could also talk about boundaries w/in copyright law or w/in trade dress (packaging/design)—who benefits from moving up and down that scale in making divisions—which industries? [read post]
21 Apr 2022, 9:01 pm by Michael C. Dorf
During that time, millions of travelers would have been exposed to additional risk, likely resulting in hundreds of additional deaths.The numbers speak for themselves. [read post]
21 May 2009, 2:14 pm by Walsh & Walsh, P.C.
It appears that any "good faith" belief by the employer will suffice, whether or not it would have actually passed scrutiny:  “[W]ages are not ‘due’ if there is a good faith dispute as to whether they are owed. [read post]
17 Jul 2014, 3:00 pm by Raffaela Wakeman
Yet past cases, in the panel’s view, say that statutory bars of the DPA-variety don’t apply to constitutional challenges, absent a clear indication of Congress’s intent to block them along with all other lawsuits. [read post]
12 Feb 2007, 7:08 pm
  It depends on how things are calculated and (what) you count and don't count. [read post]
20 Mar 2022, 9:14 am by Robert Liles
In order to avoid the risk of overpayment liability and the imposition of CMPs, providers must screen their employees, vendors and contractors in order to ensure that none are excluded. [read post]
20 Mar 2022, 9:14 am by Robert Liles
In order to avoid the risk of overpayment liability and the imposition of CMPs, providers must screen their employees, vendors and contractors in order to ensure that none are excluded. [read post]
23 Apr 2012, 5:36 am by Rebecca Tushnet
Functionality convergence: attractive but comes with risks. [read post]
19 Sep 2013, 9:53 am by Bexis
  This sort of statistical mumbo-jumbo assumes the implausible – that doctors don’t pay attention to what happens right before their eyes to their own patients. [read post]
22 Apr 2011, 7:14 am by RT
Search costs makes the most sense w/r/t competing goods. [read post]
7 Apr 2011, 1:16 pm by Bexis
Dammann & Co., 594 F.3d 238, 253 (3d Cir. 2010):[W]e have exercised restraint in accordance with the well-established principle that where two competing yet sensible interpretations of state law exist, we should opt for the interpretation that restricts liability, rather than expands it, until the Supreme Court of [that state] decides differently.Lexington National Insurance Corp. v. [read post]