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As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
Letitia James, Attorney General, New York, NY (Steven C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
Letitia James, Attorney General, New York, NY (Steven C. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The fact that the proceeding has been rendered moot by the disclosure of the FOIL documents demanded does not preclude an award of fees
24 Jun 2022, 9:09 pm by Public Employment Law Press
Matter of Lewis v James 2022 NY Slip Op 04066 Decided on June 23, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The fact that the proceeding has been rendered moot by the disclosure of the FOIL documents demanded does not preclude an award of fees
24 Jun 2022, 9:09 pm by Public Employment Law Press
Matter of Lewis v James 2022 NY Slip Op 04066 Decided on June 23, 2022 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress when supported by substantial evidence will not be disturbed
24 Jun 2022, 9:08 pm by Public Employment Law Press
Letitia James, Attorney General, New York City (Marjorie S. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual determination that claimant suffered from an occupational disease resulting from repetitive stress when supported by substantial evidence will not be disturbed
24 Jun 2022, 9:08 pm by Public Employment Law Press
Letitia James, Attorney General, New York City (Marjorie S. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual conclusion that claimant made willful misrepresentations to obtain benefits sustained
24 Jun 2022, 9:07 pm by Public Employment Law Press
Law Office of Thomas V. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Workers' Compensation Board's factual conclusion that claimant made willful misrepresentations to obtain benefits sustained
24 Jun 2022, 9:07 pm by Public Employment Law Press
Law Office of Thomas V. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The State may not be held liable for the actions of a state-employed judge cloaked with judicial immunity
24 Jun 2022, 9:04 pm by Public Employment Law Press
Letitia James, Attorney General, New York (David Lawrence III of counsel), for respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The State may not be held liable for the actions of a state-employed judge cloaked with judicial immunity
24 Jun 2022, 9:04 pm by Public Employment Law Press
Letitia James, Attorney General, New York (David Lawrence III of counsel), for respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
James F. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The Civil Service Law §58(1)(a) age requirements for appointment as a provisional or permanent police officer are within the law enforcement exception of the ADEA
24 Jun 2022, 9:02 pm by Public Employment Law Press
James F. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] Signs Posted Facing Neighbor's Property Enjoined, by Analogy to Residential Picketing
23 Jun 2022, 6:55 am by Eugene Volokh
From Oberholzer v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Case Summaries – Supreme Court of N.C. (June 17, 2022)
21 Jun 2022, 4:48 am by Jeff Welty
State v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Summaries Sunday: SOQUIJ
19 Jun 2022, 3:59 am by SOQUIJ
Toutefois, le fait que le juge n’ait pas décaviardé complètement les informations révélées par les jurés n’a pas enfreint l’équité du procès, car l’appelant possédait la substance de celles-ci avant le second procès. [read post]
Slaw - http://www.slaw.ca/
What happens when a patent expires during proceedings? Dissent brings up "unclean hands"
18 Jun 2022, 8:41 am by Lawrence B. Ebert
Bonner Mall P’ship, 513 U.S. 18, 26 (1994); see also 15 James W. [read post]
IPBiz - http://ipbiz.blogspot.com/
Preventing a judgment that is unreviewable for mootness from spawning any legal consequences or precedent
10 Jun 2022, 9:32 pm by Public Employment Law Press
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BEEZLY J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Preventing a judgment that is unreviewable for mootness from spawning any legal consequences or precedent
10 Jun 2022, 9:32 pm by Public Employment Law Press
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BEEZLY J. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Constitutional Faith, Not Faith in the Constitution: A Reflection and Call to Action
8 Jun 2022, 7:00 am by Guest Blogger
” I quote from the King James Version of the Bible, the preferred translation of Primitive Baptists—including Sandy’s paradigmatic constitutional Protestant, Hugo Black (Levinson 1988, 31-33). [read post]
Balkinization - http://balkin.blogspot.com/
Are Activist Judges Efficient? Who Cares? What Matters Is That They Do Justice
7 Jun 2022, 9:01 pm by Neil H. Buchanan
After all, if the holding is nothing more than the outcome of the case, then (as Professor Colb also suggests) one could conclude that no appellate opinion should say anything other than: “The lower court’s decision is upheld/reversed. [read post]
Verdict - http://verdict.justia.com/