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6 Jan 2011, 3:16 pm
--Martin v PepsiAmericas, Inc., 5th Cir.: The 5th Circuit reiterated its bright-line rule that set-offs and counterclaims are not permissible in FLSA suits in holding that an employer may not set off the value of benefits that it paid out under a severance agreement against a claim for overtime wages under the FLSA. [read post]
30 Aug 2010, 7:07 am by Daniel Solove
United States dissent, 1919 (His most eloquent defense of free speech) *  The Gitlow v. [read post]
14 Apr 2014, 1:52 pm by James Pugh
Simply stated: “[a] collateral attack is not a substitute for an appeal” reasoned the Second Appellate District Court in Bowman v. [read post]
5 May 2009, 8:34 am
Indeed, the new AAG for Antitrust has stated her pessimism regarding the existence of type I errors in antitrust. [read post]
28 Apr 2020, 4:55 pm by CAFE
Wade,” Ruth Marcus, Washington Post op-ed, 4/24/20 NY Rifle & Pistol Assoc. v. [read post]
8 Feb 2008, 7:42 am
Two years ago an appellate judge upheld the bar to recovery:"Without such a bright-line requirement, the concept of 'marital-type' relationship is unacceptably vulnerable to duplicitous manipulation," Judge Jose Fuentes wrote in Levine v. [read post]
27 Jun 2017, 11:23 am by Andrew Kent
But the Court’s 2008 decision in Boumediene v. [read post]
28 Jan 2013, 4:46 am
From the days of Geoffrey through 2011, the states were largely victorious in corporate income tax nexus cases involving "foreign" holding companies. [read post]
25 Mar 2010, 5:54 pm
The Dallas Court of Appeals recently held that the answer to this question is yes; however, the Court based its decision on the specific facts of the case and not on a bright-line rule. [read post]