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21 Nov 2006, 12:45 am
It held that collateral estoppel was applicable and affirmed the decision of the District Court.The decision in Evan v. [read post]
8 Aug 2014, 9:04 am by Second Circuit Civil Rights Blog
While the state argued in the district court that "it is common knowledge that people that do not eat or drink for a day are still able to produce urine," the state does not advance that argument on appeal.Since Holland has shown that the hard-and-fast three-hour window substantially burdens his religious practices, to win the case, the state has to show that its policy is "reasonably related to legitimate penological interests," a lenient… [read post]
22 May 2018, 6:53 am by MICHAEL ETIENNE MATRIX
The burden on the Government was a strict one, which, in her view, it failed to discharge: see [110]-[117]. [read post]
3 Mar 2014, 9:01 pm by Joanna L. Grossman
The judge concluded that the plaintiffs had met that burden not just on one theory or claim, but on every theory and claim they presented. [read post]
21 Aug 2018, 3:09 pm by anbrandon
It reversed and remanded to the district court.Lobbins v. [read post]
12 Jul 2018, 4:00 am by Public Employment Law Press
Determining if an employee is eligible for accidental disability retirement benefitsDaquino v DiNapoli, 2018 NY Slip Op 03201, Appellate Division, Third DepartmentAn employee [Petitioner] appealed the Hearing Officer denial of the Petitioner's application on the ground that the incident did not constitute an accident within the meaning of the Retirement and Social Security Law, which decision was adopted by the State Comptroller.In this action challenging the denial of… [read post]