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14 May 2020, 4:00 am by Public Employment Law Press
 Petitioner had appealed the decision and order of the United States District Court dismissing his claims brought under the Americans with Disabilities Act of 1990, 42 U.S.C. [read post]
14 May 2020, 4:00 am by Public Employment Law Press
 Petitioner had appealed the decision and order of the United States District Court dismissing his claims brought under the Americans with Disabilities Act of 1990, 42 U.S.C. [read post]
7 Nov 2014, 5:52 am
  So what follows is our best interpretation of the position of the fifty states (plus DC and Puerto Rico) on whether any presumption arises when a plaintiff claims an inadequate warning (almost every case) that a hypothetical warning (never in fact given) would have been heeded.One thing we have discovered of particular note (at least to us), is that the heeding presumption is an area where the federal courts have run amok, ignoring their obligations under the Erie Doctrine to leave… [read post]
5 Oct 2023, 3:37 am by Jon Hyman
(Some states do require them depending on the total number of hours worked; mine, however, does not.) [read post]
4 May 2017, 8:28 am by Cynthia Marcotte Stamer
Americans and American businesses, health payers, and States and their healthcare needs are highly diverse. [read post]
19 Nov 2018, 10:40 am by Evan M. Levow
The state has the burden of proving guilt beyond a reasonable doubt on every element of the offense of DWI. [read post]
District Court Judge Roger Benitez granted a preliminary injunction to prevent the State of California from enforcing AB 5 against the trucking industry, concluding that the plaintiffs in that case had met their burden to show a likelihood of succeeding on the merits with respect to their preemption claim. [read post]