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10 May 2016, 6:35 am by Joy Waltemath
On appeal, the state high court found that the provost’s disparaging references to the professor’s accent and the allegedly more lenient discipline of American-born professors did not qualify as direct evidence of national origin discrimination as an inference was still required to connect the disciplinary measures against him to a bias against foreign-born professors. [read post]
10 May 2016, 6:23 am by Eugene Volokh
For instance, Georgia law — like the law of every other state — recognizes the tort of “intentional infliction of emotional distress. [read post]
9 May 2016, 4:11 am by Amy Howe
In The Washington Post, Mark Berman reports on the aftermath of the Court’s recent decision in Hurst v. [read post]
6 May 2016, 6:32 am by Joy Waltemath
In an unpublished decision, the appeals court vacated the lower court’s judgment and remanded (Lisotto v. [read post]
6 May 2016, 6:26 am by Joy Waltemath
Nor was summary judgment warranted on her claim against the assistant manager for tortious interference with contract (Morris v. [read post]
3 May 2016, 6:25 am by Joy Waltemath
The treating physician did not have to be designated as an expert witness so long as the employee provided proper notice under the evidence rules, the state high court said, affirming the judgment of the Appellate Division and remanding the case to the trial court for a new trial (Delvecchio v. [read post]
2 May 2016, 5:30 pm by Kevin LaCroix
Complaints involving these kinds of fraudulent schemes have arisen in every U.S. state and 79 different countries and amount to over $2.3 billion losses. [read post]
2 May 2016, 7:49 am by Joy Waltemath
For her wage claim, the employee stated that she was paid less than her male counterparts with equal or lesser experience and provided three examples. [read post]
29 Apr 2016, 4:00 am by The Public Employment Law Press
VHB's due process rights were met as she was provided with notice, an appropriate hearing and the opportunity to present evidence and cross-examine witnesses.As to VHB's claim that the arbitrator was prejudiced, court said that VHB “failed to sustain her burden of demonstrating bias or misconduct by the Hearing Officer, who did not exceed her powers. [read post]
27 Apr 2016, 8:45 am by Schachtman
This point is confusing as stated because no one, to my knowledge, has claimed that the burden of proof is an absolute probability that is stated or arrived at independently of evidence in the case. [read post]