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11 Sep 2024, 3:50 am by tortsprof
A decision from the Oregon Supreme Court held that a hospital that supplies and administers a dangerous defective drug while rendering emergency services is a product “seller” under the state’s product liability statute: Providence Health Sys. v. [read post]
3 Sep 2024, 4:58 am by Becky (Hyun Jeong) Baek
” Feenix Payment Sys, LLC v Blum (2022): Defendant asserted the absolute privilege to defamation and contract-based claims based on allegedly defamatory statements in his pre-litigation letter. [read post]
26 Aug 2024, 5:00 am by Evan Schwartz
Columbia Broadcasting Sys., 61 A.D.2d 491, 494, 402 N.Y.S.2d 815, 817 (1st Dep’t 1978) 5 New York Univ. v. [read post]
21 Aug 2024, 6:00 am by Public Employment Law Press
 Petitioner's application was denied by the New York State Retirement System [System] based on its finding that the incidents did not constitute accidents within the meaning of Retirement and Social Security Law §363.* Noting that an applicant accidental disability retirement benefits bares the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, and that the System's determination in this regard… [read post]
21 Aug 2024, 6:00 am by Public Employment Law Press
 Petitioner's application was denied by the New York State Retirement System [System] based on its finding that the incidents did not constitute accidents within the meaning of Retirement and Social Security Law §363.* Noting that an applicant accidental disability retirement benefits bares the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, and that the System's determination in this regard… [read post]
13 Aug 2024, 8:40 am
Columbia Broadcasting Sys., 61 A.D.2d 491, 494, 402 N.Y.S.2d 815, 817 (1st Dep't 1978) 5 New York Univ. v. [read post]
19 Jul 2024, 6:30 am by Guest Blogger
The Aziz-Fielding relationship may reflect elements of Forster’s own friendship with Syed Ross Masood, a Muslim educator who Forster earlier tutored in England and later visited in India. [read post]
16 Jul 2024, 6:00 am by Public Employment Law Press
Consequently, "overtime [*2]payments are not duly authorized or considered as salary within the meaning of General Municipal Law § 90 unless paid pursuant to 'an overtime plan setting forth in detail the terms, conditions and remuneration for such employment' " (Matter of Shames v Regan, 132 AD2d 743, 744 [3d Dept 1987] [emphasis omitted], quoting Matter of Murray v Levitt, 47 AD2d at 269; see Matter of Mowry v New York… [read post]
16 Jul 2024, 6:00 am by Public Employment Law Press
Consequently, "overtime [*2]payments are not duly authorized or considered as salary within the meaning of General Municipal Law § 90 unless paid pursuant to 'an overtime plan setting forth in detail the terms, conditions and remuneration for such employment' " (Matter of Shames v Regan, 132 AD2d 743, 744 [3d Dept 1987] [emphasis omitted], quoting Matter of Murray v Levitt, 47 AD2d at 269; see Matter of Mowry v New York… [read post]
3 Jul 2024, 4:52 am by Andrew Lavoott Bluestone
Employees’ Retirement Sys. v Shearman & Sterling, 95 NY2d 427, 434 [internal quotation marks omitted]; see Prudential Ins. [read post]