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"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected

11 Jun 2024, 5:00 am by Public Employment Law Press

"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

The Importance of Removal Restrictions in a Schedule F World

9 Jun 2024, 9:05 pm by Jennifer L. Selin

Roosevelt asked William R. [read post]

RegBlog - https://www.theregreview.org/

Global Freedom of Expression, Columbia University: Newsletter, 9 June 2024

9 Jun 2024, 12:19 pm by INFORRM

D. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

Not Extortion, Not Fraud and Not Judiciary Law 487

7 Jun 2024, 6:44 am by Andrew Lavoott Bluestone

Lutin v Perlberger 2024 NY Slip Op 31879(U) May 29, 2024Supreme Court, New York County Docket Number: Index No. 158734/2023Judge: Dakota D. [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

Fool’s errand with fallacies in administrative essentiality checking

7 Jun 2024, 6:12 am by Keith Mallinson

As stated by the judges’ decisions in Unwired Planet v Huawei and TCL v Ericsson, respectively: “Based on my assessment of both experts, I am sure the disagreement represents cases in which reasonable people can differ. [read post]

IP Finance - http://www.ip.finance/?m=1

UPC: Another preliminary injunction for 10x Genomics

7 Jun 2024, 4:20 am by Jonathan Santman (Brinkhof)

The court dismisses this request because it regards R. 158 RoP only applicable in main proceedings. [read post]

Kluwer Patent Blog - http://patentblog.kluweriplaw.com/

Child Pornography Laws in Canada

6 Jun 2024, 5:50 am by Michael Oykhman

In general, the best defences are: Legitimate Reasoning & No Undue Harm Section 163.1(6) of the Code states that if the material in question was produced for a legitimate reason related to the administration of justice, science, medicine, education or art; and it does not pose an undue risk of harm to minors, then you cannot be convicted. [read post]

Oykhman Criminal Defence Law Criminal FAQ - https://www.oykhmancriminaldefence.com/faq/

DC dispatch: at Senate hearing, witnesses and senators spar over post-Dobbs state abortion bans

5 Jun 2024, 9:40 am by Sharon Basch | U. Pittsburgh School of Law, US

On Tuesday I attended a hearing called by the US Senate Committee on Health, Education, Labor, and Pensions to examine women’s freedoms, focusing on access to abortions across the United States two years after the overturning of Roe v. [read post]

JURIST - Paper Chase - https://www.jurist.org/news/

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

R. [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

R. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

BRB Dismisses DBA Appeals When Ugandan Claimants Refuse to Attend Medical Examinations

4 Jun 2024, 2:28 pm by Tyler Loga

R. [read post]