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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
Decades later, we affirmed a compensation award to an employee assaulted by a man "he had never previously seen," because under the WCL § 21 (1) presumption, "[w]hen an injury is sustained in the course of employment it will be presumed, as a matter of law, that it did arise out [*2]of the employment" (Slade v Perkins, 42 AD2d 667, 668 [1973], affd 33 NY2d 988 [1974]). [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
Decades later, we affirmed a compensation award to an employee assaulted by a man "he had never previously seen," because under the WCL § 21 (1) presumption, "[w]hen an injury is sustained in the course of employment it will be presumed, as a matter of law, that it did arise out [*2]of the employment" (Slade v Perkins, 42 AD2d 667, 668 [1973], affd 33 NY2d 988 [1974]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] "Stealthing" #TheyLied Libel Case Can Go Forward
22 May 2024, 7:03 am by Eugene Volokh
From Luke v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Case Summaries: Fourth Circuit Court of Appeals (April 2024)
21 May 2024, 8:17 am by Phil Dixon
Under Illinois v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Saving the Consumer Financial Protection Bureau (and the Constitution) from the Courts, by Christine Kexel Chabot
20 May 2024, 8:06 am by Guest Author
Shugerman, SEC v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Justices dubious about dismissing suits while waiting for arbitration
16 May 2024, 12:37 pm by Ronald Mann
ShareSmith v. [read post]
SCOTUSblog - http://www.scotusblog.com/
4th Circuit: Denial of Opt-Out From LGBTQ-Friendly Books Did Not Violate Parents' Free Exercise Rights
16 May 2024, 4:10 am by Howard Friedman
In Mahmoud v. [read post]
Religion Clause - http://religionclause.blogspot.com/
USSC Limits (But Does Not End) Use of Acquitted Conduct in Federal Sentencing
7 May 2024, 2:47 pm by Michael Lowe
Certiorari was not granted in McClinton v. [read post]
Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog
Grant’s Pass, Homelessness, and the Constitutionality of Anti-Sleeping and Anti-Camping Ordinances
6 May 2024, 8:44 am by Jeff Welty
Johnson v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt
26 Apr 2024, 9:08 am by John Elwood
Last up is Bufkin v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Guest post] A correct reading of the ‘Puma-Rihanna’ case (T-647/22) – Five steps to happiness
23 Apr 2024, 5:53 am by Eleonora Rosati
Here’s what Henning writes:A correct reading of the ‘Puma-Rihanna’ case (T-647/22) – Five steps to happinessby Henning HartwigRihanna's IG postAttention had been clearly different if it was not Puma but a safety boot, and if the prior art was not from Rihanna’s Instagram account but an agonizingly boring middle-class DIY trade show. [read post]
IPKat - http://ipkitten.blogspot.com/
Ninth Circuit Rules Against Seattle in Using “Heckler’s Veto” in Arrest of Pro-Life Protester
20 Apr 2024, 3:57 am by jonathanturley
In Meinecke v. [read post]
Jonathan Turley - https://jonathanturley.org/
[Eugene Volokh] Seattle Improperly Imposed a "Heckler's Veto" on Street Preacher at "an Abortion Rally and an LGBTQ Pride Event"
19 Apr 2024, 5:01 am by Eugene Volokh
From yesterday's decision in Meinecke v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
TTAB Sustains 2(e)(1) Opposition, Finding WOOLWAX Merely Descriptive of Lubricants
19 Apr 2024, 3:59 am
Eureka Chemical Company v. [read post]
The TTABlog - http://thettablog.blogspot.com/
Never Too Late: If you missed the IPKat last week!
2 Apr 2024, 9:52 pm by Jocelyn Bosse
The Board of Appeal held that the claimed invention was novel and involved an inventive step.Trade MarksAlessandro Cerri reported on the highly anticipated judgment of the England & Wales Court of Appeal in Lidl v Tesco, which upheld the High Court's findings on bad faith, infringement, and passing off, including the findings in respect of the 'price-matching' allegation. [read post]
IPKat - http://ipkitten.blogspot.com/
5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech
25 Mar 2024, 7:00 am by Rebecca Tushnet
R J Reynolds Tobacco Co. v. [read post]
43(B)log - http://tushnet.blogspot.com/
Supreme Court limits “safety valve” in federal sentencing law
15 Mar 2024, 2:51 pm by Ronald Mann
ShareJustice Elena Kagan’s opinion for a sharply divided court in Pulsifer v. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] Claim That University of Oregon Equity Blocked Twitter User for Tweeting "All Men Are Created Equal" Can Go Forward
8 Mar 2024, 2:10 pm by Eugene Volokh
From Gilley v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Samuel Bray] More Facts, Please
7 Mar 2024, 6:08 am by Samuel Bray
In Moody v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Bank has Lanham Act standing to assert disparagement claim against former customer (itself a service provider)
6 Mar 2024, 12:32 pm by Rebecca Tushnet
SouthState Bank, N.A. v. [read post]
43(B)log - http://tushnet.blogspot.com/