Search for: "Erie County"
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4 Mar 2020, 4:00 pm
While OCA may have a preference for those with a minimal amount of hearing acuity might be a bona fide occupational qualification, the court opined that its preference for hearing acuity without the use of a hearing aid is not.Citing Matter of County of Erie v New York State Div. of Human Rights, 121 AD3d 1564, the Appellate Division noted that "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty ... constitutes an… [read post]
4 Mar 2020, 4:00 pm
While OCA may have a preference for those with a minimal amount of hearing acuity might be a bona fide occupational qualification, the court opined that its preference for hearing acuity without the use of a hearing aid is not.Citing Matter of County of Erie v New York State Div. of Human Rights, 121 AD3d 1564, the Appellate Division noted that "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty ... constitutes an… [read post]
29 Feb 2020, 12:31 pm
Facts of the Case In a case arising in the Supreme Court of Erie County, the plaintiff was the administratrix of the estate of a man who died from acute respiratory failure following a hypoxic brain injury that occurred as a result of an emergency tracheostomy that was performed when the man returned to the defendant medical center after he had been dismissed earlier in the day when the defendant anesthesiologist and a nurse (who was employed by the medical center) failed in their… [read post]
21 Feb 2020, 10:37 am
Texas Supreme Court continues to exempt an entire industry (the legal profession) from civil liability; lets attorneys and law firms profit from lawsuits brought to hold them accountable for wrongdoing. [read post]
7 Feb 2020, 5:30 am
This article of mine was recently published in The Pennsylvania Law Weekly and is republished here with permission:Auto Decisions in 2019 Show That the Plaintiff’s Day Has ComeBy Daniel E. [read post]
21 Jan 2020, 8:00 am
Searching the site requires some “detective skills,” however, as the name of the property owners is not always accurately identified by the entity depositing the property with the Comptroller.For example, the entity may be reported merely as:EDUCATION DEPARTMENTHEADS AND HORNS BUILDING BRONX NY 10460FLEET BANK N A However, more often the names are more accurately reported, such as:BOCES ADIRONDACK EDUC CTR 711 RT 3 BLOOMINGDALE RD SARANAC LAKE NY 12983 CONAGRA FOODS LAMB WESTON… [read post]
9 Jan 2020, 5:00 am
July 19, 2019), the Pennsylvania Superior Court held that the Lehigh County Court of Common Pleas did not commit any error in a products liability case when it instructed the jury on both the consumer expectation test and the risk-utility test that the Pennsylvania Supreme Court established in the case of Tincher v. [read post]
6 Jan 2020, 6:54 pm
New York Counties are: Bronx, Broome, Cayuga, Erie, Essex Jefferson, Kings, Monroe, Nassau, New York, Niagara, Ontario, Queens, Rensselaer, Richmond, Seneca, Suffolk and Westchester. [read post]
30 Dec 2019, 2:19 am
., 62 Misc 3d 1064, 2019 NY Slip Op 29017 [Sup Ct Erie County Jan. 9, 2019]. [read post]
14 Dec 2019, 3:44 pm
In the ensuing medical malpractice wrongful death a lawsuit, the Erie County jury determined that the initial hospital was negligent in the care and treatment rendered to the decedent (in quadrupling her Simvastatin without explanation) and they awarded pre-death pain and suffering damages in the sum of $1,000,000 (five weeks). [read post]
13 Nov 2019, 5:02 am
City & County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). [read post]
11 Nov 2019, 1:17 pm
Sandra Tan *** A federal judge has dismissed a lawsuit by Erie County Clerk Michael “Mickey” Kearns, who sought to prevent New York State from granting driver’s licenses to immigrants living in the state illegally. [read post]
7 Nov 2019, 4:43 am
Erie County Medical Center, Corp., November 4, 2019, Skretny, W.). [read post]
6 Nov 2019, 10:16 am
Nearly two weeks ago, 21-year-old Damaire Gordon Friday died at Erie County Medical Center. [read post]
29 Oct 2019, 4:30 am
Erie Insurance Exchange, No. 1597 WDA 2018 (Pa. [read post]
16 Oct 2019, 5:30 pm
The Supreme Court of Erie County denied the defendants’ motions, and they appealed. [read post]
15 Oct 2019, 4:00 am
New York State Thruway Authority, 62 N.Y.2d 855 [refusal to obey an order claimed justified as consistent with the advice of union officials], Scazafavo v Erie County Water Authority, 30 AD3d 1034, [refusal to comply with an order to submit to drug testing because the employee did not believe that he was subject to random drug testing] and Tanvikr v NYC Health and Hospital Corporation, 112 AD 3d 436, [employee refused to obey orders to undertake training for a new position after… [read post]
15 Oct 2019, 4:00 am
New York State Thruway Authority, 62 N.Y.2d 855 [refusal to obey an order claimed justified as consistent with the advice of union officials], Scazafavo v Erie County Water Authority, 30 AD3d 1034, [refusal to comply with an order to submit to drug testing because the employee did not believe that he was subject to random drug testing] and Tanvikr v NYC Health and Hospital Corporation, 112 AD 3d 436, [employee refused to obey orders to undertake training for a new position after… [read post]
30 Sep 2019, 4:05 am
Two weeks ago, in Capizzi v Brown Chiari LLP, 2019 NY Slip Op 51471(U) [Sup Ct, Erie County Sept. 13, 2019], a dispute between a law firm partner and his former colleagues, raising the identical issue as D’Amato & Lynch, reached its climax in a highly-interesting, post-trial decision by Erie County Commercial Division Justice Timothy J. [read post]
23 Sep 2019, 8:28 pm
New York State Thruway Authority, 62 N.Y.2d 855 [refusal to obey an order claimed justified as consistent with the advice of union officials], Scazafavo v Erie County Water Authority, 30 AD3d 1034, [refusal to comply with an order to submit to drug testing because the employee did not believe that he was subject to random drug testing] and Tanvikr v NYC Health and Hospital Corporation, 112 AD 3d 436, [employee refused to obey orders to undertake training for a new position after… [read post]
