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7 Apr 2022, 5:00 am by Public Employment Law Press
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division explained that judicial review of arbitration awards is extremely limited, and an arbitration award may be vacated by a court only in the event "an arbitrator exceeds his or her power" and arbitrators exceed their power only in the event the award issued "violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on… [read post]
3 Aug 2023, 4:17 am by Public Employment Law Press
Addressing the penalty imposed on Petitioner, the Appellate Division, noted that the Petitioner's record established that Petitioner consistently received "strong evaluations for his work performance" and that Petitioner had "expressed remorse and that he was not proud of his conduct. [read post]
25 Apr 2014, 3:44 pm by Eleonora Rosati
Moderated by David Carson (IFPI), the final copyright session of the 22nd Fordham IP Conference was devoted to the forthcoming decision of the US Supreme Court in ABC v Aereo [an entire session on this? [read post]
1 Dec 2017, 4:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, the Court of Appeals held that an arbitration award may be vacated by the court if it finds that arbitrator's award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power.Finding that in Petitioner's case the arbitrator's determination was supported by evidence in the record, that nothing in the record indicates… [read post]
9 May 2014, 4:00 am by The Public Employment Law Press
The Appellate Division said that Supreme Court properly concluded that the arbitrator's determination did not clearly violate a strong public policy, was not totally or completely irrational, and did not manifestly exceed a specific, enumerated limitation on the arbitrator's power.The court explained that although the payment of a public employee's legal fees "would constitute an impermissible donation from the public purse in instances where there is no prior legal… [read post]
20 Mar 2015, 6:30 am by The Public Employment Law Press
Supreme Court granted the college’s cross motion to confirm the arbitration award, which decision was unanimously affirmed by the Appellate Division.The Appellate Division explained that an arbitrator's award will not be vacated "unless it is violative of a strong public policy, or is totally irrational, or exceeds a specifically enumerated limitation on his power. [read post]
5 Nov 2020, 7:00 am by Public Employment Law Press
Citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471and other decisions, the Appellate Division observed that "A court may vacate an arbitration award on the ground that the arbitrator exceeded his [or her] powers within the meaning of CPLR 7511(b)(1)(iii) only where the arbitrator's award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
13 Oct 2014, 10:23 am by Bill
The history of the jurisprudence surrounding women's health issues -- or rather, the history of state legislation in the years following Casey v. [read post]
27 Jun 2013, 2:29 pm by Deborah Hellman
  However, Kennedy uses the word dignity (or indignity) a total of 10 times in his fairly short opinion – signaling the importance of an interest that he used to invalidate a Texas law criminalizing non-coital sex in Lawrence v. [read post]
17 Oct 2024, 9:30 pm by ernst
The Supreme Court circumvented this impasse when it adopted a strong unitary interpretation of Article II in Trump v. [read post]