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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
Rosenbluth, for appellant New York State Workers Compensation Board. [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
Rosenbluth, for appellant New York State Workers Compensation Board. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Challenges of a Winning Climate Case
23 May 2024, 5:27 am by Jacob Ford Ridgeway
For example, polling indicates voters are more in favor of advancing climate legislation than their state legislatures or representatives are of bringing it. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
SpaceX Leaves Delaware; Should Others Follow?
22 May 2024, 2:50 pm by Dillon Reid
The typical business-friendly advantages of incorporating in Delaware include: (i) a well-established legal framework with a robust body of corporate law; (ii) a specialized business court (the Court of Chancery) known for its expertise in resolving corporate disputes efficiently; (iii) favorable tax regulations; (iv) easily accessible online and filing services; and (v) business-friendly statutes. [read post]
Strictly Business - http://www.strictlybusinesslawblog.com/
[Eugene Volokh] Judicial Discrimination in Favor of the More Religious Parent
22 May 2024, 2:09 pm by Eugene Volokh
From Tilley v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Charging liens, principles of priority, net judgment rule, modification, and fresh linguini with sausage, porcini musthrooms, and sage
22 May 2024, 1:33 pm by Law Lady
., Appellants, v. [read post]
The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/
The United States Court of Appeals, Second Circuit, held the challenged arbitration award unambiguously granted disgorgement of certain interest and fees, but concluded that the arbitrator's award of profits is too ambiguous to enforce and must be remanded to the arbitrator for clarification
22 May 2024, 10:00 am by Public Employment Law Press
Respondent-Appellant White Oak Global Advisors, LLC appeals from a judgment of the United States District Court for the Southern District of New York (Kaplan, J.), entered in favor of Petitioner-Appellee Trustees of the New York State Nurses Association Pension Plan on their petition to confirm an arbitral award between the parties. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The United States Court of Appeals, Second Circuit, held the challenged arbitration award unambiguously granted disgorgement of certain interest and fees, but concluded that the arbitrator's award of profits is too ambiguous to enforce and must be remanded to the arbitrator for clarification
22 May 2024, 10:00 am by Public Employment Law Press
Respondent-Appellant White Oak Global Advisors, LLC appeals from a judgment of the United States District Court for the Southern District of New York (Kaplan, J.), entered in favor of Petitioner-Appellee Trustees of the New York State Nurses Association Pension Plan on their petition to confirm an arbitral award between the parties. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Decoding Patent Ownership beginning with Core Principles
22 May 2024, 9:20 am by Dennis Crouch
The brief writes that “[u]nder important principles of federalism, this Court should follow its pre-FilmTec cases and set aside its special patent rules in favor of the well-established body of state common law for interpreting contracts. [read post]
Patently-O - https://patentlyo.com
Blog Post: Cornell Law Professors Receive $1.5 Million Grant for DACA Legal Assistance Initiative
22 May 2024, 8:01 am by Daniel M. Kowalski
United States cited Path2Papers when arguing in favor of DACA. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
Master of Its Choice of Forum?
22 May 2024, 7:00 am by bklemm@foley.com
 v. [read post]
Consumer Class Defense Counsel - https://www.foley.com/insights/category/blogs/consumer-class-defense-counsel/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A Tangled Mess in a Short Sale
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Group 48, LP v. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Progressives Need to Take the Gloves Off and Play Hardball with Our Rogue Supreme Court
21 May 2024, 9:01 pm by Austin Sarat
The United States Supreme Court has gone rogue. [read post]
Verdict - http://verdict.justia.com/
Can an Automobile Exclusion Have Multiple Meanings?
21 May 2024, 1:15 pm by Tobin Admin
In a recent case, a motorcyclist was fatally injured in an accident when his bike was struck by a car on a state highway. [read post]
Tobin Injury Law Blog - https://www.tobininjurylaw.com/blog/
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness
21 May 2024, 9:45 am by Dennis Crouch
LKQ Corp. v. [read post]
Patently-O - https://patentlyo.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/
Generative AI and transparency of databases and their content, from a copyright perspective
21 May 2024, 5:55 am by itars sis
For instance in Tremblay et al. v. [read post]
Center for Art Law Blog - http://itsartlaw.com
[Stephen Halbrook] Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi
20 May 2024, 8:05 pm by Stephen Halbrook
The Ninth Circuit, in U.S. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/