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19 Mar 2014, 4:00 am by The Public Employment Law Press
” Further, said the court, “Were we to reach the merits, under the extremely narrow scope of review applicable as [Petitioner] administratively appealed to CSC, we would find that [Petitioner} fails to demonstrate that CSC acted illegally, unconstitutionally, or in excess of its jurisdiction. [read post]
18 Mar 2014, 9:57 am by Carolyn E. Wright
District Court for the Southern District of NY ruled that the copyright registrations that Corbis made for its photographers’ images were invalid. [read post]
17 Mar 2014, 7:36 am by Bob Kraft
The Detroit Bureau reports that the heat on GM “just got turned up today by the National Highway Traffic Safety Administration. [read post]
11 Mar 2014, 2:09 pm by Rick St. Hilaire
But the blanket ban has prompted Forbescontributor Doug Bandow to remark, "The Obama administration is preparing to treat virtually every antique collector, dealer, and auctioneer in America—and anyone else who happens to own a piece of ivory—as a criminal." [read post]
11 Mar 2014, 4:00 am by The Public Employment Law Press
Individual’s unsatisfactory annual performance rating annulled in the absence of rationally based administrative findings2014 NY Slip Op 01501, Appellate Division, First DepartmentA New York City school teacher [Teacher] filed an Article 78 petition challenging the New York City Board of Education’s denial of her appeal of her unsatisfactory annual performance rating. [read post]
9 Mar 2014, 5:31 am by SHG
Copyright © 2013 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
8 Mar 2014, 10:28 am by Jens David Ohlin
So the Obama Administration should avoid saying that the referendum violates international law—that’s an unwarranted exaggeration. [read post]
6 Mar 2014, 12:41 pm
. . that comport substantively with statements approved as accurate by the FDA cannot supply the basis for [plaintiff’s NY General Business Law] claims").It took fifteen years for another jurisdiction to follow suit, that being Illinois. [read post]
5 Mar 2014, 5:15 am
As noted, Drasin is the administrator of a blog known as Random Convergence. [read post]
5 Mar 2014, 4:00 am by The Public Employment Law Press
Factors considered by the courts in determining if an individual is an employee or an independent contractor for the purposed of membership in a retirement system2014 NY Slip Op 01234, Appellate Division, Third DepartmentAn attorney [Petitioner] provided legal services to a central school district on a part-time basis from 1969 until his retirement in 2006. [read post]
4 Mar 2014, 4:01 am by SHG
  The Court will defer to the judgments of administrative bodies, such as the NLRB or the EEOC, because of its putative expertise in its niche. [read post]
1 Mar 2014, 4:49 am by SHG
Copyright © 2013 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
28 Feb 2014, 4:00 am by The Public Employment Law Press
Delay in terminating an employee 2014 NY Slip Op 00265, Appellate Division, Third DepartmentIn Mendez v Valenti, 101 AD2d 612, the Appellate Division held that retaining Mendez, a probationary employee, on the payroll after the maximum period of his probation until the end of payroll period for administrative convenience did not result in his attaining tenure in the position. [read post]
27 Feb 2014, 11:23 am
  The Rostholder court held that because compliance with the Food and Drug Administration’s (FDA) Current Good Manufacturing Practices (cGMP) regulations is not a precondition for reimbursement under Medicare and Medicaid, violations of the cGMP regulations by themselves cannot form the basis for False Claims FCA claims. [read post]
25 Feb 2014, 10:10 am by Don Maurice
A jurist praised by the New York Times for his administration of credit card collection cases was recently the subject of a harsh rebuke from a New York appellate court for the same judicial practices. [read post]
25 Feb 2014, 10:10 am by Don Maurice
A jurist praised by the New York Times for his administration of credit card collection cases was recently the subject of a harsh rebuke from a New York appellate court for the same judicial practices. [read post]
24 Feb 2014, 3:34 am by Peter Mahler
In late 2011, by which time the husband-wife relationship had further deteriorated and after Lowbet had been administratively dissolved, Shareholder A filed a petition for judicial supervision of Lowbet’s winding up and liquidation. [read post]
23 Feb 2014, 4:00 am by The Public Employment Law Press
Department of Civil Service - Five Year Review of Certain Existing Rules and RegulationsSource: NYS Register- February 19, 2014 The following notice was published in the February 19, 2014 issue of the State Reporter pursuant to §207 of the State Administrative Procedure Act (SAPA) addressing Rules and Regulations adopted by the New York State Civil Service Commission or by the President of the New York State Civil Service Commission for the calendar years 1999, 2004 and 2009. [read post]
21 Feb 2014, 4:00 am by The Public Employment Law Press
Hearsay evidence alone may constitute substantial evidence in an administrative hearing2013 NY Slip Op 08169, Appellate Division, Third DepartmentThe arbitrator dismissed disciplinary charges filed against the employee. [read post]