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10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
22 Apr 2024, 5:00 am by Bernard Bell
The Case and the Decision After his appointment as City Manager for Port Huron, Michigan, James Freed expanded the use of his “public” Facebook page to post about not only personal matters but also about matters related to his public office. [read post]
8 Apr 2024, 10:08 am by admin
As a practical matter, the burden shifts to the party that wishes to challenge the relied upon facts and data to learn more about the cited studies to show that the facts and data are not sufficient under Rule 702(b), and that the testimony is not the product of reliable methods under Rule 702(c). [read post]
27 Mar 2024, 4:00 am by Michael C. Dorf
The reason I say Justice Thomas might be in play is that he might regard the case as an opportunity to strike a final death blow to the broadest interpretation of the tester-plaintiff case of Havens Realty Corp. v. [read post]
20 Mar 2024, 7:14 am by Daniel M. Kowalski
(I’m going to have a lot more to say about Justice Barrett’s procedural argument in tomorrow’s bonus issue.) [read post]
12 Mar 2024, 12:46 pm by admin
The attempt to deprecate the intentions or motives of a party were not necessarily enhanced when the expert witness compurgator had some semblance of subject-matter expertise. [read post]
6 Mar 2024, 9:01 pm by renholding
As the release notes, “[m]any commenters provided aggregate cost estimates that did not include certain elements required by the final rules, or included other elements that are not required in the final rules [and it was] difficult to use these cost estimates to quantify the direct costs of the final rules. [read post]
22 Feb 2024, 12:47 pm by Alden Abbott
§45(m)(1)(B)) (see here) authorizes the FTC to seek civil penalties against a company that acted unfairly or deceptively. [read post]