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Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department

22 May 2024, 6:00 am by Public Employment Law Press

In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department

22 May 2024, 6:00 am by Public Employment Law Press

In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

[Doriane Coleman] The Crossroads Moment

22 May 2024, 5:01 am by Doriane Coleman

In United States v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A Tangled Mess in a Short Sale

22 May 2024, 4:03 am by Andrew Lavoott Bluestone

Group 48, LP v. [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

Top 10 List of Justice Alito's Lowest Moments

22 May 2024, 4:00 am by Eric Segall

In other words, Alito is who he always was, and the "Concerned Alumni of Princeton," with their focus on white-male success, was a perfect fit for him.2) When the United States Court of Appeals for the Third Circuit decided Planned Parenthood v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Halkides: Brandon Woodruff And The Murder Of His Parents

22 May 2024, 3:09 am by SHG

Brandon Dale Woodruff v. [read post]

Simple Justice - http://blog.simplejustice.us

Immediate access to documents granted by Paris Central Division in NJOY Netherlands v Juul Labs – a step towards open justice in the UPC?

22 May 2024, 1:15 am by Charlie French (Bristows)

Although the Court of Appeal stated in Ocado v AutoStore that the interest of the general public usually arises after a decision is rendered, the position was different in this case as it might be too late for Nicoventures to use the information in the EPO proceedings if access was not granted immediately. [read post]

Kluwer Patent Blog - http://patentblog.kluweriplaw.com/

Ropes & Gray Discusses Labor Department’s Final Fiduciary Rule

21 May 2024, 9:01 pm by renholding

A legal challenge to the Final Rule has already been filed by an insurance industry trade group in the U.S. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Can an Automobile Exclusion Have Multiple Meanings?

21 May 2024, 1:15 pm by Tobin Admin

In a recent case, a motorcyclist was fatally injured in an accident when his bike was struck by a car on a state highway. [read post]

Tobin Injury Law Blog - https://www.tobininjurylaw.com/blog/

Generative AI in USPTO Practice: Key Considerations Under the USPTO’s New Guidance

21 May 2024, 12:21 pm by Paolo A. Strino

See Mata v. [read post]