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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
  Matter of Timperio v Bronx-Lebanon Hosp. 2024 NY Slip Op 02723 Decided on May 16, 2024 Court of Appeals Halligan Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [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
  Matter of Timperio v Bronx-Lebanon Hosp. 2024 NY Slip Op 02723 Decided on May 16, 2024 Court of Appeals Halligan Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
When May the State Use Evidence of a Defendant’s Silence Before Trial?
22 May 2024, 3:00 am by Shea Denning
So held the North Carolina Court of Appeals in State v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Immediate access to documents granted by Paris Central Division in NJOY Netherlands v Juul Labs – a step towards open justice in the UPC?
22 May 2024, 1:15 am by Charlie French (Bristows)
This is the second decision in which access to documents has been granted under Rule 262.1(b), following the decision of the Nordic-Baltic Regional Division to grant access to documents in Ocado v AutoStore, which was upheld by the Court of Appeal. [read post]
Kluwer Patent Blog - http://patentblog.kluweriplaw.com/
[Josh Blackman] 30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing
21 May 2024, 8:36 pm by Josh Blackman
The state courts upheld this mandate as a neutral law under Employment Division v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
The UPC Court of Appeal dismisses appeal in SES-Imagotag v Hanshow – clarity on claim construction in the UPC?
21 May 2024, 2:45 am by Rebecca Daramola (Bristows)
On 13 May 2024, the UPC Court of Appeal (CoA) upheld the Munich Local Division’s decision in SES v Hanshow (UPC_CoA_1/2024) that a preliminary injunction should be refused on the basis that there was not sufficient certainty that certain models of Hanshow’s electronic label products infringe SES’ patent. [read post]
Kluwer Patent Blog - http://patentblog.kluweriplaw.com/
Undue Limitations in the Section 10(b) Purchaser-Seller Requirement
20 May 2024, 9:05 pm by renholding
Newport Steel Corp. and embraced by the Supreme Court in Blue Chip Stamps v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
You Get What You Get, and You Don’t Get Upset: First Department Boots Limited Partner’s Claims Based on Plain Terms of Limited Partnership Agreement
20 May 2024, 4:26 am by Becky (Hyun Jeong) Baek
So, I was pleased to debut my appearance here with what seemed to be an interesting case out of the Manhattan Commercial Division—Cline v Grodin, et al., Index No. 654095/2022—concerning an action commenced by a limited partner of a Delaware limited partnership alleging that the general partner (an LLC whose membership consists of the other two individual limited partners in the partnership) improperly distributed profits to those two limited partners,… [read post]
New York Business Divorce - http://www.nybusinessdivorce.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
Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, J.Published 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 9, 2024CV-23-1778[*1]Andrew M. [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
Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, J.Published 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 9, 2024CV-23-1778[*1]Andrew M. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Limo Company Shareholders Can’t Hitch a Ride in Derivative Litigation
13 May 2024, 4:50 am by Franklin C. McRoberts
Thus, in Auerbach v Bennett (47 NY2d 619 [1979]), New York’s highest court held that courts have the power in shareholder derivative litigation to grant unnamed interested shareholders leave to intervene – even for the first time on appeal. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Two Tales on Timing from the Tenth
12 May 2024, 7:37 am by Andrew Delaney
Carpin v. [read post]
Supreme Court of Vermont Law Blog - http://scovlegal.blogspot.com/
Global Freedom of Expression, Columbia University: Newsletter, 12 May 2024
12 May 2024, 6:55 am by INFORRM
European Court of Human RightsTuskia v. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
[UPCKat] Access to confidential information by parties and the public in the UPC
12 May 2024, 3:51 am by Annsley Merelle Ward
”The Court discretion could of course lead to different approaches by different divisions but this UPCKat has seen quite a consistent approach so far. [read post]
IPKat - http://ipkitten.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
West of counsel), for respondents.Fisher, J.(1) Appeal from a judgment of the Supreme Court (Robert J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
West of counsel), for respondents.Fisher, J.(1) Appeal from a judgment of the Supreme Court (Robert J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published 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 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published 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 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/