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One's membership in a protected class will be considered a motivating factor when it contributes to the employment decision. If the employer proves that it had another reason for its actions and it would have made the same decision without the discriminatory factor, it may avoid liability for monetary damages, reinstatement or promotion.
Disparagement, in United States trademark law, was a statutory cause of action which permitted a party to petition the Trademark Trial and Appeal Board (TTAB) of the Patent and Trademark Office (PTO) to cancel a trademark registration that "may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or ...
Adverse impact is often used interchangeably with "disparate impact", which was a legal term coined in one of the most significant U.S. Supreme Court rulings on disparate or adverse impact: Griggs v. Duke Power Co., 1971. Adverse Impact does not mean that an individual in a majority group is given preference over a minority group.
Only after employee shareholders threaten legal action or say they need to see the clause for their recordkeeping does the company reveal what’s in the clause, said the two former TikTok workers.
Matthews, 926 F.2d 532, 537 (6th Cir. 1991) that the Ninth Amendment was intended to vitiate the maxim of expressio unius est exclusio alterius according to which the express mention of one thing excludes all others: [16] [T]he ninth amendment does not confer substantive rights in addition to those conferred by other portions of our governing law.
The two sides agreed to another settlement in July 2020 that included a non-disparagement provision that read in part: "The parties agree not to make any statements written or verbal, or cause or ...
In 1998, television talk-show host Oprah Winfrey and one of her guests, Howard Lyman, were involved in a lawsuit, commonly referred to as the Amarillo, Texas beef trial, surrounding the Texas version of a food libel law known as the False Disparagement of Perishable Food Products Act of 1995. The words "Cows are herbivores.
Where a wide new class of distinguished cases is made, such as distinguishing all cases on privity of contract law in the establishment of the court-made tort of negligence or a case turns on too narrow a set of variations in facts ("turns on its own facts") compared to the routinely applicable precedent(s), such decisions are at high risk of being successfully overruled (by higher courts) on ...