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15 Dec 2015, 11:18 am by Steven Boutwell
  Failure to comply with the conditions of participation, under the implied certification theory, could result in treble damages and penalties for false claims under the FCA, not just state administrative sanctions. [read post]
7 Apr 2015, 4:17 pm by Stephen Bilkis
Here, however, the Court cannot proceed in the usual fashion, because defendant's as-applied challenge is entirely circular: the Penal Law and Administrative Code are unconstitutional as applied to him, because they are unconstitutional burdens on his Second Amendment rights. [read post]
11 Jul 2008, 10:24 pm
It begins:Any major steps by the Bush administration to control air pollution or reduce emissions of heat-trapping gases came to a dead end on Friday, the combined result of a federal court ruling and a decision by the head of the Environmental Protection Agency. [read post]
10 Oct 2007, 6:56 pm
Nadler (NY): An amendment to improve court oversight over the government’s compliance with the FISA Court’s orders by requiring the court to assess compliance with its orders as opposed to merely authorizing it to do so and by removing limitations on its review. [read post]
4 Nov 2021, 8:00 am by Andrew Appel
Last week I summarized 4 lawsuits filed in 2020 over internet voting, in VA, NJ, NY, NH. [read post]
11 Jan 2012, 1:03 pm by SO Issues
Thompson wrote that defense lawyers should fight relentlessly for full disclosure of underlying laboratory records for DNA evidence and for court appointment of an independent expert to review them. [read post]
13 Mar 2017, 4:00 am by The Public Employment Law Press
Presiding Judge Friedman and Judge Andrias  dissented in a memorandum by Judge Andrias.]The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2017/2017_01628.htm___________________A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or… [read post]
16 Jun 2017, 4:00 am by The Public Employment Law Press
., 2017 NY Slip Op 04944, Appellate Division, Third DepartmentThe Lawrence Union Free School District [District)] implemented a universal prekindergarten program pursuant to Education Law §3602-e. [read post]
27 Jul 2018, 4:00 am by Public Employment Law Press
Fedn. of Teachers & Adm'rs), 2018 NY Slip Op 04878, Appellate Division, Fourth DepartmentAlthough Supreme Court granted the Onondaga Community College's [OCC] petition seeking to stay arbitration, the Appellate Division unanimously reversed the lower court's order and granted the Onondaga Community College Federation of Teachers and Administrator's [Federation] cross-motion seeking to compel arbitration.The Federation had filed a grievance… [read post]
14 Aug 2013, 1:33 pm by Joel R. Brandes
Precedent on the issue has not been consistent (see Weinstein-Korn-Miller, NY Civ Prac CPLR ¶2215.01 at 22-89). [read post]
12 May 2017, 5:00 am by The Public Employment Law Press
The appointing authority appealed the Supreme Court's ruling.Applying the Pell Doctrine, the Appellate Division said that "[a]n administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law. [read post]
11 Mar 2016, 4:00 am by The Public Employment Law Press
., 2016 NY Slip Op 01402, Appellate Division, First DepartmentCity Laborer Antonio Giardina was laid off from his position. [read post]
2 Dec 2015, 4:36 am by David DePaolo
"The US Supreme Court, in NY Railroad vs. [read post]
15 Aug 2018, 4:00 am by Public Employment Law Press
After holding a hearing, a SDHR Administrative Law Judge [ALJ] found that Seabury proved that she had been sexually harassed by her male coworkers and recommended that Petitioner be ordered to pay Seabury nearly $450,000 in economic damages and $300,000 in noneconomic damages. [read post]
22 Oct 2023, 11:03 pm by centerforartlaw
Reprinted with permission from the NYS Bar Association, this article first appeared in the EASL Journal, 2023, vol. 34, no. 1. [read post]