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6 Jun 2008, 3:53 am
Manhattan College, ___A.D.3d___ (2d Dep't May 13, 2008), demonstrates how narrow the employment rights are of at will employees. [read post]
3 Jul 2018, 1:29 pm by Holland & Hart
Dep’t of Industrial Relations, and it set forth a multi-factor test for determining independent contractor status, relying primarily on the principal factor of whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired. [read post]
20 Aug 2012, 12:53 pm by William A. Ruskin
S&M Enterprises, 72 A.D.3d 497, 498 (1st Dep’t 2010), the elements for a claim of intentional infliction of emotional distress are “(1) extreme and outrageous conduct; (2) an intent to cause – or disregard of a substantial probability of causing – severe emotional distress; (3) a causal connection between the conduct and the injury; and (4) the resultant severe emotional distress. [read post]
15 Jun 2008, 9:22 pm
The bill also excludes condemnation of parcels of one acre or more which are contaminated where the owner is actively cleaning the property and in compliance with DEP rules and time frames regarding remediation. [read post]
17 Jan 2011, 9:01 pm
By Mike Dorf Last week the Justice Dep't asked the 9th Circuit to hold in abeyance the appeal of an earlier district court ruling invalidating Don't-Ask-Don't-Tell (DADT) while the steps to implement the policy's repeal are taken. [read post]
4 Jun 2009, 6:15 am
Krouner, 267 A.D.2d 575, 699 N.Y.S.2d 220 (3d Dep’t 1999), which, although brief, is rife with errors (noted in red in the following quotation from the opinion): By this proceeding, petitioner Leonard W. [read post]
3 Nov 2010, 4:32 am by dnt.atheniense@gmail.com
Um formulário deve ser preenchido e o valor da inscrição pago através de depósito direto na conta da OAB. [read post]
9 Aug 2012, 8:26 am
Div. 1st Dep't June 12, 2012), the New York Appellate Division, applying Illinois law, held that an insured was unable to access numerous excess layers due to its failure to show that the exhaustion provisions in the excess policies had been satisfied.The insured, JP Morgan (as successor to Bank One), had a $175 million E&O tower, consisting of a primary layer and seven excess layers. [read post]
4 Oct 2007, 1:05 am
Thomas Pattloch, European Commission · Market Access and IPR Protection: TBC The last panel entitled, "The View from Washington: IP Policy and the Role of Rights Holders" will be moderated by Bob Poole of the USCBC and will have the following panelists and topics: · WTO/JCCT and Other Trade-Related Activities: USTR - Stan McCoy · Federal Bureau of Investigation: Dep. [read post]
1 Sep 2009, 5:45 am
Dep't of Human Servs., 117 Hawai`i 262, 178 P.3d 538 (2008), DHS (negligently, as the court ultimately determined) placed a two year old girl back into the custody of her mother and her mother's boyfriend after the couple brought her to the hospital with a broken femur claiming it had occurred in a fall from a futon. [read post]
29 Mar 2014, 2:01 pm by Evan M. Levow
Dep’t of Transp. held that if a driver does not offer “unqualified and unequivocal assent” to chemical testing, it could constitute refusal. [read post]
3 Aug 2016, 3:51 pm by Mashel Law, L.L.C.
Sheriff’s Dep’t., 666 F.3d 444, 448 (7th Cir. 2012) (noting that co-worker “cat’s paw” liability might have been available had the plaintiff established causation); Keefer v. [read post]
7 Dec 2009, 1:37 pm by Joel Bolstein
   If DEP is going to base its MTBE standard on considerations of taste and smell, then I would propose that they make similar regulatory accommodations allowing a remediator to move the POC for MTBE to the point of first use, at least when the levels are between 20 and 190 ppb. [read post]