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Not Extortion, Not Fraud and Not Judiciary Law 487
7 Jun 2024, 6:44 am by Andrew Lavoott Bluestone
As relevant to the instant motion, on July 2, 2001, the New York City Civil Court grantedPerlberger a $37,043.75 money judgment against plaitniff in the action entitled Per/berger v Lutin, Index No. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Required SEC disclosures and erroneous DNA evidence
6 Jun 2024, 2:03 pm by John Elwood
New Relists Escobar v. [read post]
SCOTUSblog - http://www.scotusblog.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
City of New York, 805 F.3d 419, 423 (2d Cir. 2015) (per curiam) (alteration adopted) (internal quotation marks and citation omitted). [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
City of New York, 805 F.3d 419, 423 (2d Cir. 2015) (per curiam) (alteration adopted) (internal quotation marks and citation omitted). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York’s updated concealed-carry law returns to the court
4 Jun 2024, 5:22 pm by Kalvis Golde
When the Supreme Court struck down New York’s prior concealed-carry law two years ago in New York State Rifle & Pistol Association v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Danziger, J.), entered April 14, 2023, which granted defendant City of New York's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Danziger, J.), entered April 14, 2023, which granted defendant City of New York's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Second Circuit affirms rejection of "All Natural" survey as too leading
3 Jun 2024, 5:19 am by Rebecca Tushnet
” (Citing Universal City Studios, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Supreme Court once again considers the “categorical approach” to sentencing enhancements
31 May 2024, 11:58 am by John Elwood
For starters, it granted review in City and County of San Francisco v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
Here, the defendants established, prima facie, that they did not owe a special duty of care to the plaintiff (see Koyko v City of New York, 189 AD3d at 812; Morgan-Word v New York City Dept. of Educ., 161 AD3d at 1068; Destefano v City of New York, 149 AD3d at 698). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
Here, the defendants established, prima facie, that they did not owe a special duty of care to the plaintiff (see Koyko v City of New York, 189 AD3d at 812; Morgan-Word v New York City Dept. of Educ., 161 AD3d at 1068; Destefano v City of New York, 149 AD3d at 698). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Restrictions on gender-affirming medical care – and assault weapons
24 May 2024, 7:49 am by John Elwood
Heller and [New York State Rifle & Pistol Ass’n v.] [read post]
SCOTUSblog - http://www.scotusblog.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
Decided on May 23, 2024 No. 47 [*1]In the Matter of Michele Rawlins, Appellant, v Teachers' Retirement System of the City of New York, et al., Respondents. [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
Decided on May 23, 2024 No. 47 [*1]In the Matter of Michele Rawlins, Appellant, v Teachers' Retirement System of the City of New York, et al., Respondents. [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
This reading accords with the text of WCL § 21 (1) and the purpose of the WCL, which is to " 'protect[ ] work[ers] and their dependents from want in case of injury' on the job" (Johannesen v New York City Dept. of Hous. [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
This reading accords with the text of WCL § 21 (1) and the purpose of the WCL, which is to " 'protect[ ] work[ers] and their dependents from want in case of injury' on the job" (Johannesen v New York City Dept. of Hous. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
Aviles & Associates LLC, New York, NY (Natascia Ayres of counsel), for respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
Aviles & Associates LLC, New York, NY (Natascia Ayres of counsel), for respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Global Freedom of Expression, Columbia University: Newsletter, 18 May 2024
17 May 2024, 4:29 pm by INFORRM
On 22 March 2024, the Court granted the injunction. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
Dan v City of New York2024 NY Slip Op 02659Decided on May 14, 2024Appellate Division, First DepartmentPublished by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 14, 2024Before: Oing, J.P., González, Kennedy, Higgitt, O'Neill Levy, JJ.Index No. 21313/16 Appeal No. 2265 Case No.… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/