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A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
Rule 60(b)(2) poses a particularly “onerous standard,” Int’l Bhd. of Teamsters, 247 F.3d at 392, requiring a movant to show that: “(1) the newly discovered evidence was of facts that existed at the time of trial or other dispositive proceeding, (2) the movant [was] justifiably ignorant of them despite due diligence, (3) the evidence [is] admissible and of such importance that it probably would have changed the outcome, and (4) the evidence [is] not . . . merely… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
Rule 60(b)(2) poses a particularly “onerous standard,” Int’l Bhd. of Teamsters, 247 F.3d at 392, requiring a movant to show that: “(1) the newly discovered evidence was of facts that existed at the time of trial or other dispositive proceeding, (2) the movant [was] justifiably ignorant of them despite due diligence, (3) the evidence [is] admissible and of such importance that it probably would have changed the outcome, and (4) the evidence [is] not . . . merely… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] Black-Women-Only Grant Program Likely Violates Federal Law, Isn't Protected by First Amendment
3 Jun 2024, 12:08 pm by Eugene Volokh
" And it concluded that 303 Creative LLC v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Second Circuit affirms rejection of "All Natural" survey as too leading
3 Jun 2024, 5:19 am by Rebecca Tushnet
” Although errors in survey methodology generally go only to weight rather than admissibility, it was not an abuse of discretion to exclude the survey expert here. [read post]
43(B)log - http://tushnet.blogspot.com/
Commenting on the USPTO’s Proposed Rule on Terminal Disclaimers
31 May 2024, 10:44 am by Dennis Crouch
Google LLC, Motionless Keyboard Co. v. [read post]
Patently-O - https://patentlyo.com
What to Expect in the Closings at the Trump Trial
27 May 2024, 5:45 am by Norman L. Eisen
Further, he lied many times over and, the defense will argue, is a shady cheat who stole from Trump, pointing to his admission that he saw reimbursement for a much larger amount than he actually paid to a vendor, RedFinch, stealing $60,000 there as part of the total $420,000 he obtained from Trump in 2017. [read post]
Just Security - https://www.justsecurity.org/
Decoding Patent Ownership beginning with Core Principles
22 May 2024, 9:20 am by Dennis Crouch
., LLC v. [read post]
Patently-O - https://patentlyo.com
A Tangled Mess in a Short Sale
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
RSD857 LLC v Wright 2024 NY Slip Op 31674(U) May 13, 2024 Supreme Court, New York County Docket Number: Index No. 158125/2022 Judge: Paul A. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
15 May 2024, 7:41 am by Eric Goldman
MGM Domestic Television Distribution, LLC, 39 F.4th 1236 (9th Cir. 2022), the Ninth Circuit agreed with my view (and cited my amicus brief), expressly rejecting a three-year limit on recovery of damages in cases in which the discovery rule applies. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels
15 May 2024, 7:00 am by bklemm@foley.com
KIND, LLC, 2024 WL 1917155 (2d Cir. [read post]
Consumer Class Defense Counsel - https://www.foley.com/insights/category/blogs/consumer-class-defense-counsel/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
Goldberg & McEnaney, LLC, Port Washington, NY (Timothy McEnaney of counsel), for appellant. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An applicant for accident disability retirement benefits has the burden of establishing that a disability is causally connected to a performance of duty accident
13 May 2024, 6:00 am by Public Employment Law Press
Goldberg & McEnaney, LLC, Port Washington, NY (Timothy McEnaney of counsel), for appellant. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
How a Rapper’s Trial in Georgia May Fuel a Change in Evidentiary Standards in Maryland Criminal Cases
10 May 2024, 1:29 pm by Anthony A. Fatemi, LLC
Fatemi, LLC to be that team for you. [read post]
Maryland Criminal Lawyer Blog - http://www.marylandcriminallawyer-blog.com/
U.S. Intervenes in WLC Client’s Case Alleging Education Fraud Violations of the Incentive Compensation Ban
10 May 2024, 12:40 pm by Kelly Shivery
  ATP offered to help them with their admissions paperwork and, crucially, applications for federal financial aid. [read post]
Whistleblower Blog and News - https://www.whistleblowerllc.com/blog-news/
DOJ INTERVENES IN FALSE CLAIMS ACT EDUCATION FRAUD CASE BROUGHT BY CONSTANTINE CANNON
9 May 2024, 9:56 am by Sadie Mayhew
  For years, ATP placed U.S. college students in universities across the United Kingdom, offering to help them with their admissions paperwork and, crucially, applications for federal financial aid. [read post]
Whistleblower Insider - https://constantinecannon.com/practice/whistleblower/blog/
Key Evidentiary Rulings in Acceleration Bay v. Activision
8 May 2024, 9:45 am by Stan Gibson
ACCELERATION BAY LLC, v. [read post]
Patent Lawyer Blog - http://patentlaw.jmbm.com/
Biomedical Expert Witness Testimony Allowed in Ship Negligence Case
8 May 2024, 5:57 am by Steven Cohen
The court opines that these issues go to the weight of the testimony not the admissibility. [read post]
Expert Witness Blog - http://www.expertwitnessblog.com/
Your Business Appraiser Relied on What!?  Lessons from a Mostly-Decided Motion to Preclude
6 May 2024, 3:32 am by Peter J. Sluka
”  LMEG Wireless and the Cash-Out Merger LMEG Wireless LLC should be a familiar name to the regular readers of this blog. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Government Contractor’ $2.7 Million FCA Cyber Insecurity Settlement Shows New Strain Of Cyber Exposure In Cyber Liability Pandemic
4 May 2024, 8:31 pm by Cynthia Marcotte Stamer
Insight Global LLC, No. 1:21-cv-1335 (M.D. [read post]
HR & Benefits Update - http://slphrbenefitsupdate.com/
Plaintiffs Make Some Progress in 512(f) Cases
3 May 2024, 8:38 am by Eric Goldman
DistroKid LLC, 2024 WL 1703117 (S.D.N.Y. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/