Jdsupra.com

jdsupra.com —  7+ hour, 29+ min ago

...Private ADA plaintiffs are limited to seeking injunctive relief and costs under Title III of the ADA, so a plaintiff must show a sufficient likely... ...During the bench trial, the district court judge examined Mr.... ...In the dissenting opinion, Judge Collins held that the district court's determination that Mr.... ...Langer had filed close to 2,000 ADA lawsuits in the past three decades....

jdsupra.com —  51+ min ago

...court of appeal panel in San Diego has taken a narrow view on the application of the doctrines of quiet enjoyment, frustration of purpose, impracticability... ...may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California... ...The case is SVAP III Poway Crossings, LLC v Fitness International, and was decided on January 20, 2023 (case no. D079903).... ...Careful drafting helped the court find that Landlord did not represent or promise that the Tenant could operate a fitness center, and that Landlord...

jdsupra.com —  2+ hour, 51+ min ago

...The "Nursing Home Covid-19 Data Dashboard" maintained by the Centers for Disease Control and Prevention (CDC) shows that COVID-19 had an unusually... ...intense impact on the long term care community.... ..., Medicaid, Managed Care Organization (MCO), commercial insurance, and other third-party payor programs, potential buyers should determine if there... ...The first question that a buyer will always need to ask itself is whether its organization currently has the ability to quickly fix census or operational...

jdsupra.com —  51+ min ago

...SEC Commissioner Questions ESG Investing.... ...Last week, SEC Commissioner Uyeda delivered an address in which he "focus[ed] on issues related to asset managers" use of environmental, social,... ...Such arguments include that ESG rulemaking by the SEC could run afoul of "the major questions doctrine in the manner set forth in West Virginia vs... ...EPA," or that ESG investing could impact the fiduciary duty owed by investment managers to their clients, or that ESG involves political value judgments...

jdsupra.com —  11+ hour, 21+ min ago

...Previously, the EPOA addressed pay equity in four ways: (1) prohibiting employers from paying "similarly employed" employees differently based on... ...adopted in Colorado).... ...Handler's permit required," does not qualify as a posting, because it does not reference a specific position for a desired applicant. - An electronic reader...

jdsupra.com —  2+ hour, 51+ min ago

...The Court's long-awaited decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801 (Ill.... ...Illinois Supreme Court Rules All BIPA Claims Are Subject to Five-Year Time Limit.... ...Trial courts have stayed numerous BIPA actions pending Tims.The immediate effect of Tims on those stays may hinge on another Illinois Supreme Court... ...Notably, both parties agreed that the appellate court erred in applying two different limitations periods to BIPA and asked the Illinois Supreme ...

jdsupra.com —  51+ min ago

...Addendums Either Not Attached to General Contractor's Documents or Not Executed by General Contractor.... ...contractor's and/or distributor's contract documents, or (2) if it is attached, it is not executed by the general contractor and/or distributor....

jdsupra.com —  52+ min ago

...The past few years have seen "ESG" -- referring to environmental, social, and governance factors that influence decision making -- move from being... ...The aim of the ESG movement is to use a broader base of information, stakeholder involvement, and forecasts to manage and price risks associated... ...In recent years, the US Supreme Court made it clear with its decision in West Virginia v.... ...Administration, only to be later revived for consideration by the Biden Administration....

jdsupra.com —  51+ min ago

...Pitchbook recently released their analysis of the current imbalance between the capital startups want and the money that VC firms are investing.... ...They found that in general, there was twice as much demand for capital than what was supplied in that quarter ($42.8B more in demand than what was...

jdsupra.com —  2+ hour, 26+ min ago

...The Cybersecurity and Infrastructure Agency ("CISA") received $1.3 billion for its cybersecurity programs.... ...The Omnibus Bill and the Cybersecurity Investment.... ...Congress is getting serious about holding CISA accountable, and will not allow it to continue to skirt Congressional oversight.... ...In order to force CISA to provide the necessary documentation for Congressional oversight, the omnibus funding included a caveat that CISA will be...