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17 May 2018, 7:30 pm by Scott McKeown
Dept. of Justice has filed its amicus brief supporting the agency’s decision to deny immunity. [read post]
3 May 2018, 1:28 pm by Patricia Salkin
A New York appellate court held in May that a village board failed to follow the correct procedures for condemning land as part of a redevelopment project. [read post]
3 May 2018, 3:00 am by Public Employment Law Press
However, the Court of Appeals instructs that FOIL is to be "liberally construed and its exemptions narrowly interpreted so that the public is granted maximum access to the records of government" (Matter of Town of Waterford v New York State Dept. of Envtl. [read post]
20 Apr 2018, 6:04 pm by Arthur F. Coon
  Apart from finding certain deficiencies in the air quality analysis requiring correction, the trial court rejected RCA’s remaining arguments, and RCA appealed. [read post]
20 Apr 2018, 10:35 am by Public Employment Law Press
  When a petition is not properly verified, the appeal must be dismissed (Appeal of D.P., 46 Ed Dept Rep 516, Decision No. 15,580; Appeal of C.S., 46 id. 260, Decision 15,501). [read post]
17 Apr 2018, 1:20 pm by Matthew L.M. Fletcher
While continuing to assert that the Secretary as water master for the mainstream of the Colorado River in the Lower Basin breached his fiduciary duties, including the duty of protection explicitly undertaken in the 1849 Treaty of Peace, in management decisions that failed to account for the needs and unquantified rights of the Navajo Nation for homeland purposes, the proposed amended complaint now focuses more particularly on the federal defendants’ historic failure to correct an… [read post]
17 Apr 2018, 3:58 am by Andrew Lavoott Bluestone
See Horn v Boyle, 260 AD2d 76 (3d Dept 1999); see also Grad v Hajliger, 68 AD3d 543, 544 (1st Dept 2009); Deleon v Sonin & Genis, 303 AD2d 291, 292 (1st Dept 2003); George v St. [read post]
12 Mar 2018, 7:22 am by John (Jack) Barnosky
In Matter of Koegel, 2018 NY Slip Op 00833 (2d Dept 2018), recently decided by the Appellate Division Second Department, husband died in 2014. [read post]
26 Feb 2018, 8:40 am by Kent Scheidegger
Dept. of Corrections, 851 F. 3d 1173, 1193 (CA11 2017) (internal quotation marks omitted). [read post]
21 Feb 2018, 6:39 pm
Oregon Dept. of Agriculture, 553 U.S. 591, 602, 128 S.Ct. 2146, 2153-2154, 2008 WL 2329768, *6-7, 170 L.Ed.2d 975 (2008). [read post]
21 Feb 2018, 6:39 pm
Oregon Dept. of Agriculture, 553 U.S. 591, 602, 128 S.Ct. 2146, 2153-2154, 2008 WL 2329768, *6-7, 170 L.Ed.2d 975 (2008). [read post]
20 Feb 2018, 2:04 pm by Schachtman
 Greenland is absolutely correct that the Manual does a rather miserable job of educating Canadian judges if our standard for its work product is accuracy and truth. [read post]
7 Feb 2018, 4:29 am by Andrew Lavoott Bluestone
To be sure, the parties do not dispute that the Financial Statement would have been correct if the Bank had the right to the Tax Benefit. [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
"2 The Court explained that “It is well established that "an arbitrator has broad discretion to determine a dispute and fix a remedy and that any contractual limitation on that discretion must be contained, either explicitly or incorporated by reference, in the arbitration clause itself'," citing Matter of State of New York [Dept. of Correctional Servs. [read post]