Search for: "Long v. US Dept. of Justice" Results 1 - 20 of 344
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10 May 2024, 6:00 am by Public Employment Law Press
"[A]n arbitrator 'exceed[s] [their] power' under the meaning of the statute where [their] 'award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power' " (id.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127 [4th Dept 2017],… [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"[A]n arbitrator 'exceed[s] [their] power' under the meaning of the statute where [their] 'award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power' " (id.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127 [4th Dept 2017],… [read post]
9 May 2024, 7:00 am by Public Employment Law Press
No. 26 v Pico, 457 US 853, 872 [1982]).A board’s decision to retain a challenged book or other library material in its collection will only be reversed if the board has acted in an arbitrary, capricious, or unreasonable manner (Appeal of Bradshaw, 62 Ed Dept Rep, Decision No. 18,197).[3]  In an appeal to the Commissioner, a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks… [read post]
9 May 2024, 7:00 am by Public Employment Law Press
No. 26 v Pico, 457 US 853, 872 [1982]).A board’s decision to retain a challenged book or other library material in its collection will only be reversed if the board has acted in an arbitrary, capricious, or unreasonable manner (Appeal of Bradshaw, 62 Ed Dept Rep, Decision No. 18,197).[3]  In an appeal to the Commissioner, a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks… [read post]
9 Apr 2024, 7:03 am by Robin E. Kobayashi
Courts have long held that the contraction of disease is deemed an injury by accident if due to some unexpected or unusual event or exposure. [read post]
16 Feb 2024, 11:27 am by John Elwood
(relisted after the Jan. 5, Jan. 12 and Jan. 19 conferences) Missouri Dept. of Corrections v. [read post]
9 Feb 2024, 7:24 am by Guest Author
” As stated by Justice Rehnquist in his concurring opinion in Industrial Union Dept., AFL-CIO v. [read post]
23 Jan 2024, 5:50 am by Michael C. Dorf
Dept. of Commerce and Loper Bright Enterprises, Inc. v. [read post]
29 Oct 2023, 6:15 pm by Franklin C. McRoberts
Co. v Campbell (538 US 408 [2003]), and Gomez v Cabatic (159 AD3d 62 [2d Dept 2018]). [read post]
9 Oct 2023, 4:22 am by Franklin C. McRoberts
Justice Schecter acknowledged the existence of case law permitting a defrauded plaintiff to sue a nonsignatory to a contract in “an action at law for damages for their fraud” (quoting Mack v Latta, 178 NY 525 [1904]). [read post]
5 Sep 2023, 4:21 am by Peter J. Sluka
  Likewise, in 2022, a Brooklyn Commercial Division Justice dismissed an accounting claim based on the same grounds: failure to allege a predicate breach (see Chernomordik v Ocean Sand Dev., 2022 N.Y. [read post]
21 Jul 2023, 6:00 am by Jordan Steinberg
” (CPLR 302 [a] [1]; Aybar v US Tires & Wheels of Queens, LLC, 211 Ad 3d 40, 48-49 [2d Dept 2022].) [read post]
30 Jun 2023, 1:14 pm by John Ross
Michigan Dept. of Corrections: We're not going to let you register as a religion. [read post]