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The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Corp., 84 NY2d 287, 295 [1994]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Appellate Division, Third Department notrs that "the scope of this Court's review of a condemnor's EDPL 204 determination is limited to whether (1) the proceeding was constitutionally sound; (2) the condemnor had the requisite authority; (3) its determination complied with SEQRA and EDPL Article 2; and (4) the acquisition will serve a public use"
10 Jun 2024, 6:00 am by Public Employment Law Press
Corp., 84 NY2d 287, 295 [1994]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Unsafe Storage of a Firearm Laws in Canada
7 Jun 2024, 5:11 am by Michael Oykhman
’ Such a requirement is ambiguous, and does not provide any guidance as to when ‘use’ has ended and ‘storage’ has begun. [read post]
Oykhman Criminal Defence Law Criminal FAQ - https://www.oykhmancriminaldefence.com/faq/
Case Law: Hawrami v Journalism Development Network Inc, Summary Judgment applications fails in Qualified Privilege case – Conor Fenton-Garvey
4 Jun 2024, 4:49 pm by INFORRM
Qualified privilege under the 1996 Act  The relevant parts of the 1996 Act are as follows: “15 Reports, &c. protected by qualified privilege. (1)  The publication of any report or other statement mentioned in Schedule 1 to this Act is privileged unless the publication is shown to be made with malice, subject as follows. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
CUMULATIVE IMPACT CLAIMS AND DEFINITION BY CERTAIN BOARDS
2 Jun 2024, 7:48 am by David Adelstein
Constructors, Inc., 91-1 BCA P 23351, EBCA No. 328-10-84 (EBCA 1990), the Board maintained: Since 1968, when the Changes clause was amended to include the above phrase “whether or not changed by any order”, boards have experienced an increasing number of claims of cost “impact” on unchanged work, which allegedly was not priced and settled as a cost of performing the changed work. [read post]
Florida Construction Legal Updates - https://www.floridaconstructionlegalupdates.com/
Federal Courts Exam Spring 2024, Featuring a Trump Imprisonment and Conviction in the Hush-Money Coverup Case
27 May 2024, 4:00 am by Michael C. Dorf
” The suit seeks damages for $1 million, invoking IBRA. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Privacy rights: Children rescued at Dover and unlawful photographs – Zoe McCallum
24 May 2024, 7:17 am by INFORRM
No.3 [2006] QB 125, [84]). [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment
23 May 2024, 6:00 am by Public Employment Law Press
 at 184, citing WCL § 10 [1] and Matter of Rosen v First Manhattan Bank, 84 NY2d 856, 857 [1994]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment
23 May 2024, 6:00 am by Public Employment Law Press
 at 184, citing WCL § 10 [1] and Matter of Rosen v First Manhattan Bank, 84 NY2d 856, 857 [1994]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Ropes & Gray Discusses Labor Department’s Final Fiduciary Rule
21 May 2024, 9:01 pm by renholding
Key Takeaway Unlike the 2016 rules, the Final Rule does not contain a specific, representation-based exception from fiduciary advice for interactions with sophisticated counterparties like other advice fiduciaries. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Access to Documents Relating to the Environment – Even in Light of Dooming Controversy?
20 May 2024, 10:30 pm by Jesse Peters
Thus, disclosing legal advice on the relation between the internal review mechanism and the remedies provided by the Treaties was considered unproblematic (Judgment, paras 84-85). [read post]
European Law Blog - https://europeanlawblog.eu/
The Corporate Sustainability Due Diligence Directive: PIL and Litigation Aspects
20 May 2024, 3:43 pm by Xandra Kramer
However, it does include a rule on overriding mandatory provisions enshrined in Article 29(7) and accompanying Recital 90. [read post]
Conflict of Laws .net - https://conflictoflaws.net
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
We now modify.The Amended ComplaintPlaintiffs' 84-page amended complaint asserts three causes of action against the State and the City. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
We now modify.The Amended ComplaintPlaintiffs' 84-page amended complaint asserts three causes of action against the State and the City. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Patenting Informational Innovations: IOEngine Narrows the Printed Matter Doctrine
6 May 2024, 9:43 am by Dennis Crouch
  Kevin Emerson Collins, Patent Law’s Authorship Screen, 84 U. [read post]
Patently-O - https://patentlyo.com
Realty, Lot Line Windows and Legal Malpractice
26 Apr 2024, 3:51 am by Andrew Lavoott Bluestone
” (Ackerman v Price Waterhouse, 84 NY2d 535, 541 [1994] [citations omitted].) [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Guest Post: Looking Ahead: Risks Attendant to a Potential Rebound in the IPO Market for Private Equity
22 Apr 2024, 1:11 pm by Kevin LaCroix
A plaintiff does not need to allege reliance, scienter nor loss causation to succeed on a Section 11 claim or a Section 12(a)(2) claim. [read post]
The D & O Diary - http://www.dandodiary.com/
Termination, Adequate Alternative Remedies Sends Dissolution Proceeding Packing
15 Apr 2024, 4:37 am by Peter J. Sluka
When Does the Court Consider Adequate Alternative Remedies? [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Case Review: RF and Bulatov v. Tsvetkova and other charges against an artist
8 Apr 2024, 12:36 am by centerforartlaw
” [22] On January 17, 2014, during an interview with the british interviewer Andrew Marr, Vladimir Putin said that the law “does not discriminate against gay people” [23]. [read post]
Center for Art Law Blog - http://itsartlaw.com
U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024
4 Apr 2024, 7:38 am by Jennifer Johnson, Nicholas Xenakis, Phillip Hill, Jayne Ponder, Shayan Karbassi, Olivia Dworkin, Jorge Ortiz, Jemie Fofanah, Andrew Longhi, Lauren Gerber, Vanessa Lauber, Zoe Kaiser and Madeleine Dolan
Microsoft, 1:24-cv-84 (S.D.N.Y.). [read post]
Inside Privacy - http://www.insideprivacy.com