United States of America v. Mask of Ka-Nefer-Nefer
REPLY to Response to Motion re MOTION to Vacate 68 Docket Text Order,, and Opposition to Motion for Extension of Time CLAIMANT THE SAINT LOUIS ART MUSEUM'S REPLY IN SUPPORT OF ITS MOTION FOR EXTENSION OF TIME AND OPPOSITION TO GOVERNMENT'S MOTION TO VACATE JULY 2, 2014 ORDER
Holding that when the factual circumstances are undisputed, whether the facts suffice to demonstrate the existence of a plan as defined by ERISA is a question of law to be reviewed de novo
Holding that jury could find that employer violated the FMLA if the employer "held [the employee] to the unrealistic expectation that she should accomplish satisfactorily all of the duties of [her] position during her period of FMLA-protected intermittent leave"
Holding that a district court did not err by excusing noncompliance with certain local rules, in part because the rules were "technical" and "designed to regulate, for convenience sake, how papers look"
Holding that a dismissal for forum non conveniens does not satisfy the Buckhannon test because plaintiff is "free to pursue his claims against the defendants" in another forum
28 U.S.C. § 1291 Cited 90,293 times 139 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Fed. R. Civ. P. 6 Cited 50,778 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
28 U.S.C. § 2465 Cited 1,109 times 1 Legal Analyses
Providing that where, as here, judgment is entered " in part for the claimant and in part for the Government, the court shall reduce the award of costs and attorney fees accordingly"