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8 Mar 2021, 12:00 am by Public Employment Law Press
Citing Deas v Levitt, 73 NY2d 525 and other decisions, the Appellate Division  opined although "no individual had a vested right to be appointed to a vacant position — not even those whose scores placed them in the top three examinees", in this instance once individuals were appointed, they may have become entitled to damages or other relief based on Employer's alleged contractual breach, i.e., failure to make such appointments within the time frame… [read post]
11 Sep 2019, 4:00 am by Public Employment Law Press
" In the event a court or a civil service commission is confronted with an eligible's demand to be appointed to the vacancy sought, it will typically decline to act on the ground that it lacks the power to command an appointing authority to fill a vacancy, which is  a power vested in the appropriate appointing authority.Indeed, the genesis of the modern "rule of three"  is the Court of Appeals' decision in People v Mosher, 163 NY 32 as prior… [read post]
10 Feb 2024, 4:24 am by Alessandro Cerri
 Further, the Court stated that it is an established principle of settled case-law that, as a general rule, the submission of facts and evidence by the parties remains possible after the expiry of the relevant time limits, and the EUIPO is not prohibited from taking account of such facts and evidence (mobile.de v EUIPO, C‑418/16 P).In this case, it was accepted by both parties that Mr Noah had submitted the first evidence of use of the Mark within the time limit set by… [read post]
6 Jul 2010, 2:46 pm by Julian Ku
Another key case is a 1941 case called Hines v. [read post]
31 Aug 2015, 3:26 am by Peter Mahler
The Anti-Chiu: Florida Court Upholds LLC Member’s Expulsion Froonjian v Ultimate Combatant, LLC, No. 4D14-662 [Fla. [read post]
20 Dec 2014, 7:27 pm
  That has already been made clear in the United States, where members of the Republican Party vowed to take countermeasures. [read post]
7 Oct 2015, 1:10 am
The story involved copyright in the unofficial so-called Polish "national anthem", Red Poppies in Monte Cassino, which turned out to be vested in the State of Bavaria. [read post]
17 Nov 2014, 3:06 pm by Kirk Jenkins
 In the closing days of its September term, the Illinois Supreme Court agreed to decide that issue in Stone Street Partners, LLC v. [read post]
3 Nov 2017, 2:47 am
As stated above, section 80 of the Patents Act does not make any reference to the court. [read post]
1 Feb 2013, 7:35 am
Over on the 1709 Blog, Iona Harding tackles SAS v WPL and the continuing question of whether copyright can vest in a computer language, while Simon Fogarty guests some hot and revealing news concerning New Zealand's three sheep strikes and you're out file-sharing ruling. [read post]
31 May 2018, 5:21 pm by Charles (Chuck) Rubin
The court noted “[i]f we were to affirm the trial court's ruling, beneficiaries could have trusts terminated simply by stating that they did not want to pay trustees' fees, administrative expenses, or be concerned with market fluctuations. [read post]
16 Jun 2015, 7:17 am by John Jascob
Article II of the U.S Constitution vests the sole power to appoint inferior officers in the President, the courts, and the “heads of departments,” and SEC ALJs are not appointed by any of these, the plaintiffs note. [read post]