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21 Mar 2009, 6:01 pm
For background, see Jonathan Pink interviews: District Court Invalidates Portion of Copyright Act as Unconstitutional; Holds State University and Employee Immune From Claim for Copyright Infringement (April 15, 2008) and Follow up questions on state university copyright immunity case - Marketing Information Masters v. [read post]
27 Sep 2007, 11:38 am
More broadly, state-law claims challenging the adequacy and veracity of submissions to the FDA failed the test of federal conflict (implied - not express) preemption for several reasons:"Policing fraud against federal agencies" is not a "traditional" state function. [read post]
1 May 2012, 6:26 am by Matthew Kolken
The United States Supreme Court has granted cert in a case for the purpose of clarifying whether the Court's previous decision in Padilla v. [read post]
21 Feb 2014, 8:53 am by Steven G. Pearl
Board of Trustees of California State University (2010) 48 Cal.4th 760 (Runyon); State Bd. of Chiropractic Examiners v. [read post]
17 May 2010, 1:54 pm by Kenneth J. Vanko
--Court: United States District Court for the Southern District of IllinoisOpinion Date: 5/5/10Cite: Peckham v. [read post]
22 Nov 2022, 6:00 am by Public Employment Law Press
 Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
22 Nov 2022, 6:00 am by Public Employment Law Press
 Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
22 Nov 2022, 5:00 am by Public Employment Law Press
  Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
12 Aug 2021, 4:00 am by Public Employment Law Press
The Appellate Division stated that it had consistently recognized that "the Board may adopt reasonable rules consistent with and supplemental to the provisions of the Workers' Compensation Law, and the Chair of the Board may make reasonable regulations consistent with the provisions thereof" (Matter of Randell v Christie's Inc., 183 AD3d 1057, 1059 [2020] [internal quotation marks and citations omitted].Those regulations require, in relevant part, that "an… [read post]