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13 Nov 2008, 12:01 am
  And even those decisions depended on the four liberals peeling off from the conservative bloc Chief Justice Rehnquist and Justice O'Connor (Hibbs) or O'Connor alone (Lane); with those two justices gone it's not clear that even those cases would come out the same way today.As for ENDA in particular the matter gets difficult because gays and lesbians are not a suspect class, and if cases like Romer v. [read post]
12 Nov 2008, 3:54 pm
Patrick Radden Keefe, Program Officer and Fellow at the Century Foundation, is the second 2008-2009 Cleveland-Marshall College of Law Criminal Justice Forum speaker. [read post]
11 Nov 2008, 9:24 am
The United States Dept. of Justice announced that it has secured $1.34 billion in settlements and judgments under the False Claims Act in fiscal year 2008. [read post]
9 Nov 2008, 5:12 pm
Dept. of the Interior, --- F.Supp.2d ----, Civil Action No. 08-383(RMC), 2008 WL 4767998 (D.D.C., Nov. 3, 2008.) [read post]
6 Nov 2008, 9:55 am
Dept. of Justice announced on September 29 that biopharmaceutical company Cephalon will enter a criminal plea and pay $425 million to resolve claims that it marketed three drugs for uses not approved by the Food and Drug Administration (FDA).The lawsuits, brought under the whistleblower provisions of the False Claims Act, alleged that Cephalon engaged in a scheme to market Gabitril, Actiq and Provigil for "off-label" uses. [read post]
4 Nov 2008, 10:07 am
Corp., 26 AD3d 372, 810 NYS2d 484 [2d Dept 2006]; Lewin v County of Suffolk, 18 AD3d 621, 795 NYS2d 659 [2d Dept 2005]).Under the Frye standard, the burden of proving general acceptance rests upon the party offering disputed expert testimony (Cumberbatch v Blanchette, 35 AD3d 341, 825 NYS2d 744 [2d Dept 2006]; Zito v Zabarsky, 28 AD3d 42, 812 NYS2d 535 [2d Dept 2006]). [read post]
31 Oct 2008, 4:00 am
  Image from Virginiablank"> Forestry Dept's website. [read post]
30 Oct 2008, 8:27 am
Co., 273 AD2d 766, 767 [3d Dept 2000]; Medical Facilities, Inc. v Pryke, 172 AD2d 338 [1st Dept 1991] (holding that insurer failed to meet the requirement of Insurance Law § 172 (now § 3407) by providing insured with proof of loss forms filled in with amounts instead of blank forms as required by statute)). [read post]
28 Oct 2008, 11:15 am
Justice Kornreich also reinstated petitioner's physical education license nunc pro tunc to May 15, 2006.The Department appealed. [read post]
24 Oct 2008, 10:34 pm
[Updated 8:30 PM] "US Justice Dept tells states not to privatize lotteries" is the headline to a Reuters story, here. [read post]
23 Oct 2008, 9:51 am
Co. v Biondo, 50 AD3d 1034, 857 NYS2d 588 [2d Dept 2008]). [read post]
21 Oct 2008, 5:15 pm
Orin Kerr, professor of law at George Washington University Law School, was a criminal trial attorney in the Computer Crime and Intellectual Property Section at the Department of Justice as well as a special assistant U.S. attorney for the Eastern District of Virginia. [read post]
20 Oct 2008, 11:10 am
"The test of whether a decision is arbitrary or capricious is "determined largely by whether a particular action should have been taken or is justified . . . and whether the administrative action is without foundation in fact.'" (See Matter of Pell v Board of Educ., 34 NY2d 222].Other points made by Justice Feinman:1. [read post]