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Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Troutman and Halligan concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Troutman and Halligan concur. [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
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro and Troutman concur. [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
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro and Troutman concur. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Case Summaries: Fourth Circuit Court of Appeals (April 2024)
21 May 2024, 8:17 am by Phil Dixon
Illegal reentry statute was not enacted with a discriminatory purpose and does not violate Equal Protection U.S. v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
What Role Does the Freedom of Contract Play in Florida Business Litigation?
15 May 2024, 8:31 am by Law Office of Ray Garcia, P.A.
A landmark case, Okeechobee Resorts, L.L.C. v. [read post]
Ray Garcia Law Blog - http://raygarcialaw.com/blog/
The concept of the separation of powers indicates no single branch of government may assume the power of another branch of government
15 May 2024, 6:00 am by Public Employment Law Press
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The concept of the separation of powers indicates no single branch of government may assume the power of another branch of government
15 May 2024, 6:00 am by Public Employment Law Press
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NONDELEGABLE DUTIES
12 May 2024, 9:39 am by David Adelstein
” Garcia v. [read post]
Florida Construction Legal Updates - https://www.floridaconstructionlegalupdates.com/
[Jonathan H. Adler] D.C. Circuit Denies Stephen Bannon's Appeal of Contempt of Congress Conviction
10 May 2024, 12:33 pm by Jonathan H. Adler
Judge Garcia wrote the opinion in United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Interesting Fifth Circuit Denial of Qualified Immunity to Police Officers
4 May 2024, 11:09 am by Eugene Volokh
From Hughes v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
What the Sheetz: Where California Development Impact Fees Stand Following Recent Supreme Court Decision
22 Apr 2024, 3:14 pm by Whitney Hodges
S. 825 and Dolan v. [read post]
Real Estate and Construction Law Blog - http://www.realestatelanduseandenvironmentallaw.com/
Linke v. Freed: Weighing In On Public Official’s Social Media Sites
22 Apr 2024, 5:00 am by Bernard Bell
Inst. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Blog Post: California Compensation Cases March 2024
3 Apr 2024, 12:44 pm by Robin E. Kobayashi
Digests of WCAB Decisions Denied Judicial Review Garcia (Efrain) v. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
U.S. Court of Appeals for the Fifth Circuit, Southwest Airlines Company v. Liberty Insurance Underwriters, Inc., Docket No. 22-10942
2 Apr 2024, 2:30 pm
” The policy does not define “incur” but the Texas Supreme Court has done our work for us here, relying on dictionaries to define “incur” to mean to “become liable for,” Garcia v. [read post]
Frederic Borel - http://fredericborel.blogspot.ch/
Law and Media Round Up – 25 March 2024
25 Mar 2024, 2:13 am by INFORRM
The court also handed down a restraining order for the victims and a sexual harm prevention order banning him from approaching women he does not know in public for 15 years. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
D.C. Circuit Review – Reviewed: How Often Is Remand Even Worth It?
24 Mar 2024, 11:37 am by Hyland Hunt
The case is United Parcel Service, Inc. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Challenges to a Washington state legislative district
16 Feb 2024, 11:27 am by John Elwood
New Relists Garcia v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Nissan Sentra Electrical and Camera Problems
19 Jan 2024, 7:10 am by Howard Gutman
See, Pohl v. [read post]
Lemon Law Blog - https://lemonlaw.blog/blog/
D.C. Circuit Review – Reviewed – The collateral order doctrine, defining a “labor organization”
15 Jan 2024, 11:40 am by Garrett West
In T-Mobile USA, Inc. v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/