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However, said the court, citing Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his… [read post]

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

Court finds the "heart presumption" set out in the Retirement and Social Security Law was "successfully rebutted" by the Retirement System

29 Nov 2023, 6:00 am by Public Employment Law Press

However, said the court, citing Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his… [read post]

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

Headscarves at the ECJ again: Commune d’Ans

29 Nov 2023, 12:54 am by Frank Cranmer

In OP v Commune d’Ans [2023] EUECJ C‑148/22, the Grand Chamber handed down a preliminary ruling following a request by the Tribunal du Travail de Liège. [read post]

Law & Religion UK - https://lawandreligionuk.com

Justices skeptical that double jeopardy clause allows retrial based on inconsistent verdict of acquittal

28 Nov 2023, 5:45 pm by Ronald Mann

McElrath v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Texas Supreme Court hears oral arguments over abortion bans for medical emergencies

28 Nov 2023, 12:49 pm by Jonnette Oakes | Washburn U. School of Law, US

In the case, State v. [read post]

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

Of Separation of Powers, the SEC, and the Limits of Originalism

28 Nov 2023, 10:41 am by Eric Segall

Chada and Bowsher v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Sasha Volokh] The Myth of the Federal Private Nondelegation Doctrine, Part 2

28 Nov 2023, 7:27 am by Sasha Volokh

And Gundy v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls

28 Nov 2023, 6:00 am by Public Employment Law Press

Relations Bd., 39 NY3d 17, 22 [2022], quoting Matter of City of Watertown v State of N.Y. [read post]

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

Absent action by the State Legislature, New York State's statewide policy in favor of collective bargaining in the public sector controls

28 Nov 2023, 6:00 am by Public Employment Law Press

Relations Bd., 39 NY3d 17, 22 [2022], quoting Matter of City of Watertown v State of N.Y. [read post]

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

Early Edition: November 28, 2023

28 Nov 2023, 4:58 am by Beatrice Yahia

State Department said yesterday. [read post]

Just Security - https://www.justsecurity.org/

Precedential No. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks

28 Nov 2023, 4:15 am

Not so, said the Board, pointing to Section 43(c)(1), which states that a claim for dilution is available "regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. [read post]

The TTABlog - http://thettablog.blogspot.com/

2nd Circuit: 1st Amendment Free Exercise Claim Requires Only "Burden", Not "Substantial Burden" On Religion

28 Nov 2023, 4:10 am by Howard Friedman

In Kravitz v. [read post]

Religion Clause - http://religionclause.blogspot.com/

[Stephen Halbrook] Second Amendment Roundup: Concessions by the Government in the Rahimi Oral Argument

27 Nov 2023, 6:00 pm by Stephen Halbrook

State Rifle & Pistol Ass'n v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Delaware VC Travis Laster Responds to Trump AG William Barr's Critique of Woke Delaware Corporate Law

27 Nov 2023, 1:41 pm by Steve Bainbridge

Ford Motor Co., which was embraced sub silentio by the Delaware Chancery Court in eBay Domestic Holdings, Inc. v. [read post]