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26 Nov 2017, 9:30 pm by Justin S. Daniel
” In addition to concerns about encroachment on the legislative and judicial branches, Walker says there are a “third set of potential arguments” that focus on Article II, which concerns the executive branch. [read post]
26 Nov 2017, 9:30 pm by Dan Ernst
Though called a "court" by statute, the CAAF is located for constitutional purposes within the Executive Branch and does not exercise the "judicial Power" of the United States or of any sovereign. [read post]
26 Nov 2017, 6:50 am by Dennis Crouch
The Supreme Court will hear oral arguments on Cyber-Monday 11/27 in two important patent cases: Oil States Energy Services, LLC v. [read post]
21 Nov 2017, 4:00 am by Public Employment Law Press
Suing public officials and government entities for allegedly making defamatory statements concerning an individualBrummel v Board of Trustees of the Village of E. [read post]
21 Nov 2017, 4:00 am by Public Employment Law Press
Brummel appealed and the mayor and the village cross-appealed.The Appellate Division ruled that Supreme Court properly granted the motion of the Blank Slate defendants and that branch of the motion of the Village defendants seeking to dismiss the complaint insofar as asserted against each of them for failure to state a cause of action. [read post]
20 Nov 2017, 3:59 am by Andrew Lavoott Bluestone
“Allegations regarding an act of deceit or intent to deceive must be stated with particularity” (Facebook, Inc. v DLA Piper LLP [US], 134 AD3d 610, 615; see Putnam County Temple & Jewish Ctr., Inc. v Rhinebeck Sav. [read post]
16 Nov 2017, 10:10 am by Vanessa Sauter
Sarah Grant provided an update on the United States v. al-Nashiri proceedings. [read post]
15 Nov 2017, 9:30 pm by Sarah Madigan
Sharpless further states that courts deferring under Chevron trust that agencies, as part of the executive branch, have more political accountability than courts do. [read post]
15 Nov 2017, 5:59 am by Joy Waltemath
The court reserved until a later date any ruling on the defendants’ motion to dismiss for failure to state a claim (Vidal v. [read post]
15 Nov 2017, 4:00 am by Public Employment Law Press
Citing Alfano v Costello, 294 F3d 365, the court explained that the alleged misconduct shown "must be severe or pervasive enough to create an objectively hostile or abusive work environment and the victim must also subjectively perceive that environment to be abusive. [read post]
15 Nov 2017, 4:00 am by Public Employment Law Press
Citing Alfano v Costello, 294 F3d 365, the court explained that the alleged misconduct shown "must be severe or pervasive enough to create an objectively hostile or abusive work environment and the victim must also subjectively perceive that environment to be abusive. [read post]
10 Nov 2017, 6:14 am by NCC Staff
Current President Donald Trump is now part of the case, called Smith v. [read post]
10 Nov 2017, 4:00 am by Public Employment Law Press
"*In the alternative, the Commissioner observed that Petitioner’s contract claims also would be dismissed under the doctrine of election of remedies as a prior commencement of an action or proceeding in another forum for the same or similar relief constitutes an election of remedies which precludes the initiation of an appeal to the Commissioner of Education.* In Antinore v State, 40 NY2d 6, the court said that a union could bargain away the employee’s statutory… [read post]