Tag Archives: precedent

What is a Government Employer Anyway? The Ninth Circuit Splits with Decades of Precedent and Holds that the ADEA’s 20-Employee Requirement Does Not Apply to Public Employers

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees because of their age.  But applying the ADEA’s definition of “employer” is not as simple as it sounds.  Recently complicating that definition is disagreement among the circuit … Continue reading

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Is the Supreme Court set to establish major precedent in email privacy? | TheHill

In the age of cloud computing, wherein we rely on service providers such as Microsoft and Google to store personal data like email and photos, our data is often stored on servers located outside the United States. Nonetheless, U.S. law … Continue reading

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Spaic on Precedent & Civil Law Systems

Bojan Spaic (University of Belgrade – Faculty of Law) has posted The Authority of Precedents in Civil Law Systems on SSRN.  Here is the abstract: In this paper I'm primarily concerned with framing the role of precedents in terms of reasons that … Continue reading

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CARD Act Report: The CFPB Departs from Precedent

Editors’ Note: The following is one part of DWT’s ongoing coverage of the 2017 CARD Act Report.  Other parts include our prior PLA post The Consumer Credit Market: The CFPB’s 2017 CARD Act Report and a recent FSR webinar. This article … Continue reading

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Cesari S.R.L. v. Peju Province Winery L.P.: Relying on Supreme Court Precedent, District Court Holds that Trademark Trial & Appeal Board Finding of Likelihood of Confusion has Preclusive Effect

Federal district courts continue to apply the Supreme Court’s ruling in B&B Hardware, Inc. v. Hargis Indus., Inc., 135 S.Ct. (2015) with unpredictable results. The latest such example comes from the Southern District of New York, where Judge Buchman, in … Continue reading

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