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19 May 2015, 6:30 am
., 69 AD3d 438, the Appellate Division noted that [1] the individual must be in the negotiating unit represented by the employee organization’s when the alleged breach of the employee organization’s duty of fair representation is alleged to have occurred;* and [2] the fact that the individual disagrees with the employee organization’s action or negotiating position does not, without more, constitute proof of the employee organization’s failure of its duty of… [read post]
18 May 2015, 11:01 am
Does trade-mark likelihood of confusion actually exist? [read post]
14 May 2015, 3:04 pm
Jane, 221 Va. 43, 53-54 (1980)). [read post]
Case Comment: R (ZH and CN) v London Borough of Newham and London Borough of Lewisham [2014] UKSC 62
14 May 2015, 1:59 am
“Home” is an autonomous concept which does not require a right of occupation in domestic law; it is a question of fact whether someone has sufficient and continuous links with a property to be occupying it as a home: see Buckley v UK (1996) 23 EHRR 101; Qazi v Harrow LBC [2003] UKHL 43; [2004] 1 AC 983; [2003] HLR 75. [read post]
12 May 2015, 12:51 pm
On these questions, the Court of Appeal held that (1) compliance with a noise ordinance does not foreclose a fair argument of significant noise impacts under CEQA, and (2) factual non-expert evidence can form the basis for a fair argument with respect to noise and traffic safety impacts. [read post]
11 May 2015, 3:30 pm
Richardson, 43 Cal. 4th 959, 1033, 77 Cal. [read post]
11 May 2015, 11:30 am
§ 1125(a)(1). [read post]
10 May 2015, 5:48 pm
Generally, however, public employees may assert official immunity from suit arising from the performance of their (1) discretionary duties in (2) good faith as long as they are (3) acting within the scope of their authority. [read post]
8 May 2015, 9:24 am
Clearly Food & Beverage Co. v. [read post]
7 May 2015, 3:59 pm
• Of the 15 men on Delaware's death row (as of March 1, 2015), 4 are white (27%), 8 black (53%), and 3 are Hispanic (20%). [read post]
6 May 2015, 11:27 am
Al Jazeera reports that Houthi sources claimed that the strikes killed 43 civilians and wounded at least 100, though these reports could not be verified. [read post]
5 May 2015, 3:26 pm
See also Scott, Trusts s. 156 n.1 (3d ed. 1967 & Supp. 1985) (compiling cases). [read post]
5 May 2015, 3:26 pm
See also Scott, Trusts s. 156 n.1 (3d ed. 1967 & Supp. 1985) (compiling cases). [read post]
5 May 2015, 12:01 pm
See 442 U.S. at 742-43, 99 S.Ct. at 2581. [read post]
30 Apr 2015, 8:00 am
United Blood Services, 176 Ill.2d 42-43 (1996)). [read post]
29 Apr 2015, 10:52 am
Id. at 38-43. [read post]
29 Apr 2015, 8:19 am
While Diodato abandoned his §43(a)(1)(A) claim, Wells Fargo had notice of the false advertising claim and it therefore survived summary judgment. [read post]
28 Apr 2015, 12:29 pm
Does it have res judicata effect? [read post]
28 Apr 2015, 12:29 pm
Does it have res judicata effect? [read post]
25 Apr 2015, 11:03 am
This point again is correct, but the Manual does not come to terms with the challenge often made to what I call the assumption of stochastic risk. [read post]
