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11 Jan 2024, 4:57 am
With respect to the second factor, the court of appeals reasoned that, in accordance with several precedents from the Supreme Court of California, a “jurisdiction ordinarily has the predominant interest in regulating conduct that occurs within its borders”, i.e. on Spanish territory, whereas “where none of the relevant conduct occurs in California, a restrained view of California’s interest in facilitating recovery for one of its residents is warranted. [read post]
10 Jan 2024, 9:01 pm
” They “did not say that we could never raise an immunity defense” in response to criminal prosecution.Judge Pan would have none of it. [read post]
10 Jan 2024, 5:42 pm
None exist in 1866 and 1867, but I have not fully surveyed 1868. [read post]
10 Jan 2024, 4:47 pm
The OIG evaluated the three remuneration streams created by the requestor’s proposal, including the gift cards, the practice consulting fees, and the potential for higher MIPS reimbursement, but ultimately relied on the requestor’s certification that the gift cards would not be in return for any federal program business and none of its services or ownership interests otherwise involve the provision of items or services paid by a federal health care program to find the proposed… [read post]
10 Jan 2024, 3:05 pm
Given this detailed explanation in which the basis for the conclusion was fully disclosed, the court found that no reasonable reader would consider the statement as anything but the opinion of the author drawn from the circumstances related, none of which was alleged to be false. [read post]
10 Jan 2024, 12:39 pm
In my final new Dorf on Law column of 2023, "Some Light Entertainment from the College Football Scene," I anticipated that my Michigan Wolverines would again under-perform on the big stage of the College Football Playoff. [read post]
10 Jan 2024, 10:00 am
Although estate planning does not answer all of these questions about death (and none of the questions about life after death), it can help address some concerns only you can address. [read post]
10 Jan 2024, 6:00 am
None of this means that a cabinet member cannot be impeached. [read post]
10 Jan 2024, 5:55 am
Such brazen schemes with obvious implications for India’s foreign affairs, if proven, would reveal several things about the disposition of Modi’s government, none of them good. [read post]
10 Jan 2024, 4:30 am
" The rule provides a non-exhaustive list of six factors, none of which is dispositive on its own:Opportunity for profit or loss depending on managerial skill;Investments by the worker and the potential employer;The degree of permanence of the work relationship; The nature and degree of control; The extent to which the work performed is an integral part of the potential employer’s business; and Skill and initiative.If you're looking for more in-depth guidance… [read post]
10 Jan 2024, 4:30 am
In a nutshell, the final rule applies six factors — none of which is dispositive — to analyze employee or independent contractor status under the FLSA: opportunity for profit or loss depending on managerial skill; investments by the worker and the potential employer; degree of permanence of the work relationship; nature and degree of control; extent to which the work performed is an integral part of the potential employer’s business; and skill and initiative. [read post]
9 Jan 2024, 11:59 am
None. [read post]
9 Jan 2024, 8:27 am
National Transportation Safety Board Chair Jennifer Homendy stated the two adjacent seats to the dislodged part were miraculously unoccupied, and none of the 171 passengers or six crew members suffered serious injuries. [read post]
9 Jan 2024, 8:24 am
Rosenthal California Supreme Court opinion–another reminder that it’s binding precedent on this court–spent a lot of time discussing the definition of “publisher,” and none of it supports the interpretation this judge wants to make. [read post]
9 Jan 2024, 6:35 am
We will discuss our top 2023 court decisions in a forthcoming post.LegislationThe 118th Congress is off to a historically slow start, passing fewer than two dozen bills in its first year—none pertaining to the Freedom of Information Act. [read post]
9 Jan 2024, 3:47 am
None of these warning signs, alone or in combination, mean that an employee is stealing. [read post]
8 Jan 2024, 5:53 pm
None of this is bad; and all is well known. [read post]
8 Jan 2024, 2:23 pm
She can fulfill none of the functions that a traditional culture imagines — wife, mother, maid, mistress, whore — so she has few places in the historical record.... [read post]
8 Jan 2024, 11:50 am
In a 51-page published opinion filed January 5, 2024, and resolving consolidated appeals, the Third District Court of Appeal rejected baseline, piecemealing/segmentation, impact analysis, project description, alternatives analysis, and failure-to-recirculate challenges to the EIR for the Department of Water Resources’ (“DWR”) approval of amendments to long-term water supply contracts with local government agencies receiving water through the State Water Project (“SWP”). [read post]
8 Jan 2024, 10:53 am
A number of existing Title 8 regulations address related requirements relevant to factors to prevent heat illness, but none of them identify indoor heat as a hazard. [read post]
