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19 Oct 2018, 6:00 am by Public Employment Law Press
"Further, the court opined, "[w]here substantial evidence exists, the reviewing court may not substitute its judgment for that of the agency, even if the court would have decided the matter differently" and if substantial evidence supports the administrative decision being challenged, that determination must be sustained "irrespective of whether a similar quantum of evidence is available to support other varying conclusions. [read post]
19 Oct 2018, 6:00 am by Public Employment Law Press
"Further, the court opined, "[w]here substantial evidence exists, the reviewing court may not substitute its judgment for that of the agency, even if the court would have decided the matter differently" and if substantial evidence supports the administrative decision being challenged, that determination must be sustained "irrespective of whether a similar quantum of evidence is available to support other varying conclusions. [read post]
18 Oct 2018, 12:22 pm by Kenneth Duvall
The trial court had ruled as a matter of law that a “No Monetary Default” representation and warranty (R&W) encompassed borrower misrepresentation. [read post]
18 Oct 2018, 10:42 am by Ronald Collins
Question: In several important respects, Presidents Barack Obama, George W. [read post]
17 Oct 2018, 4:19 pm by Cynthia Marcotte Stamer
Following on the heels of Monday’s announcement that Anthem, Inc. is paying a record setting $16 million to resolve charges its violations of the enterprise risk assessment and other requirements of the Health Insurance Portability & Accountability Act (HIPAA) Security Rule allowed cybercriminals to breach the electronic protected health information (ePHI) of more than 79 million patients, physicians and other health care providers, health plans and health insurers, health care… [read post]
16 Oct 2018, 3:55 pm by Cynthia Marcotte Stamer
Health plans, their employer and other sponsors and fiduciaries, health insurers, health care providers, health care clearinghouses and their business associates should study and learn from the just announced, record-setting $16 million resolution agreement between health insurance giant, Anthem, Inc., to resolve Department of Health & Human Services Office of Civil Rights (OCR) charges that Anthem, Inc. [read post]
15 Oct 2018, 4:55 pm by Sarah Grant
On Friday, the Court of Military Commission Review (CMCR) reversed the abatement in United States v. [read post]
15 Oct 2018, 4:00 am by Public Employment Law Press
Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issueCity of Yonkers v Yonkers Firefighters, 2018 NY Slip Op 06738, Appellate Division, Second Department, [Decided with Matter of Yonkers Firefighters v City of Yonkers, Appellate Division Docket No. 2016-02470][See, also, City of Yonkers v Yonkers Firefighters, 2018 NY Slip Op… [read post]
15 Oct 2018, 4:00 am by Public Employment Law Press
Initiating an Article 78 action after filing a demand for arbitration concerning the same matter constitutes a waiver or abandonment of the party's right to arbitrate the issueCity of Yonkers v Yonkers Firefighters, 2018 NY Slip Op 06738, Appellate Division, Second Department, [Decided with Matter of Yonkers Firefighters v City of Yonkers, Appellate Division Docket No. 2016-02470][See, also, City of Yonkers v Yonkers Firefighters, 2018 NY Slip Op… [read post]
11 Oct 2018, 1:01 pm by Ronald Mann
” He acknowledged that “[w]e normally do, you’re right, put the duty to warn with the lowest cost avoider. [read post]
11 Oct 2018, 4:16 am by Edith Roberts
Yesterday the court heard argument in Nielsen v. [read post]