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11 Aug 2015, 4:00 am
., 688 F.3d 247, a 5th Circuit ruling in which the court concluded that a private settlement agreement containing a release of FLSA claims entered into between a union and an employer waived the employees’ FLSA claims, even without district court approval or DOL supervision, and, in contrast, Lynn’s Food Stores, Inc. v United States Dep’t of Labor, 679 F.2d 1350, an 11th Circuit ruling in which that court held that there must be a court finding that the proposed settlement… [read post]
31 Jan 2023, 4:34 am
Kraferd, Opposition No. 91231183 [Opposition to registration of the mark EMMY for various health, disability, and life insurance services, on the grounds of lack of bona fide intent, and likelihood of confusion with and likely dilution of the registered marks EMMY and EMMYS for television awards and related programming and print materials.] [read post]
3 Feb 2025, 6:22 am
Fortunately, DOL and BALCA have tacitly recognized without fanfare what amounts to an exception to the “no modification rule” by which a successor-in-interest employer is permitted to step into the shoes of a predecessor and continue a PERM if it provides documentation proving that it is a bona fide successor in interest to the original PERM sponsoring employer. [read post]
19 Jul 2022, 12:59 pm
In the midst of rightfully-placed compassion for bona fide victims of abuse, many clergy members who are innocent have also been caught up in accusations of child sexual abuse that they did not commit. [read post]
6 Sep 2016, 6:00 am
When determining whether a bona fide job opportunity exists, the Board must consider the totality of the circumstances, considering, among other factors, whether the alien: Is in the position to control or influence hiring decisions regarding the job for which labor certification is sought; Is related to the corporate directors, officers or employees;Was an incorporator or founder of the company;Has an ownership interest in the company;Is involved in the management of the… [read post]
20 Feb 2013, 4:45 am
” (Note that the same might not hold true for a customer preference based on gender, because employers can claim a bona fide occupational qualification as a defense to a sex discrimination claim). [read post]
1 Jul 2014, 8:56 am
Joyce created documents that were not real or bona fide rental receipts and created an email in the name of a former roommate and landlord which was used to forward information to the Department of Defense.The disability fraud was based on knowingly receiving VA benefits while on active duty. [read post]
24 Aug 2017, 2:46 pm
The Court seems to leave the door open for situations where the trial court believes that there is a bona fide desire to wait for an expected clarification in the law, but it would seem to be a risky bet for a defendant if its actions could just as well be perceived as done for strategic benefit.I'm somewhat surprised that this hasn't come up more frequently.Knapp, Petersen & Clarke, André E. [read post]
31 Dec 2012, 6:41 am
Thus, the court found that the employer had established a defense that being under age 60 was a bona fide occupational qualification (“BFOQ”) for even private pilots. [read post]
19 Jan 2017, 4:10 am
The Board declined to reach opposers' dilution claim, lack of bona fide intent, and contract claims.Read comments and post your comment here.TTABlog comment: If the goods are in part identical, what's the need for a dilution claim? [read post]
24 Dec 2022, 10:55 am
One exception is for employees who work in "bona fide executive, administrative, or professional capacities. [read post]
30 Nov 2013, 7:22 pm
This is often a negotiating tactic for estates on audit, and at other times such assertions of lower values are wholly bona fide after a different set of professionals review the initial reporting. [read post]
3 Mar 2014, 12:54 pm
Notwithstanding that landlord had reserved the right to accept or reject all offers in the broker’s listing agreement, the Court found that landlord had actively worked against the broker “by using its efforts to obtain a bona fide new tenant to leverage an existing tenant into the space without allowing the agent to broker that deal. [read post]
21 Dec 2016, 4:29 am
Being a bona fide independent contractor in the past does not mean you will always be an independent contractor. [read post]
30 Nov 2012, 10:23 am
On the other hand, a bona fide insurance provider that prioritize the consumer interests oven their own will try to settle the case in a couple of weeks instead of spending a tidy sum of money to prolong the case. [read post]
13 Aug 2014, 4:25 am
Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence. [read post]
15 Jul 2013, 12:00 pm
As concerns third parties, the presumption of possession means that it is possible for a bona fide third party to validly acquire ownership from a person not legally possessing the shares, if the third party did not have the knowledge of the fact that the seller did not have ownership of the share certificates.By Konstantinos Thomopouloshttp://www.greeklawdigest.gr/component/k2/item/53-share-transfer-deals? [read post]
17 Jan 2013, 9:07 am
Carr “researched medical journals and other publications to find proof that her procedure was a bona fide and safe treatment. [read post]
29 Jan 2020, 3:31 am
When the absence of the intention to use the trade mark in accordance with the essential functions of a trade mark concerns only certain goods or services referred to in the application for registration, that application constitutes bad faith only in so far as it relates to those goods or services; EU law does not preclude a provision of national law under which an applicant for registration of a trade mark must state that the trade mark is being used in relation to the goods and services… [read post]
31 Mar 2017, 3:02 am
[Refusals to register PHARMACANN and PHARMACANNIS for "Retail store services featuring medical marijuana" and for "Dispensing of pharmaceuticals featuring medical marijuana" on the ground that applicant lacks a bona fide intent to use the marks in commerce because the recited services are prohibited by a federal statute and cannot be in lawful use in commerce].April 19, 2017 -11 AM: Merchant & Gould P.C. v. [read post]
