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On appeal, Felton challenges this conclusion, arguing that the “opportunity to depose Hoffman in the 2017 Action does not mean that he could have discovered this exact evidence,” and that “[t]he simple fact is that this evidence did not at all exist at the time that the 2017 Action was commenced. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith

5 Jun 2024, 7:00 am by Public Employment Law Press

On appeal, Felton challenges this conclusion, arguing that the “opportunity to depose Hoffman in the 2017 Action does not mean that he could have discovered this exact evidence,” and that “[t]he simple fact is that this evidence did not at all exist at the time that the 2017 Action was commenced. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Who stops you (?) – Should suggestive questions be protected as trademarks?

5 Jun 2024, 3:07 am by Bettina Clefsen (b/cl IP)

“ (“Don’t you have a home? [read post]

KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/

[Eugene Volokh] Black-Women-Only Grant Program Likely Violates Federal Law, Isn't Protected by First Amendment

3 Jun 2024, 12:08 pm by Eugene Volokh

" We don't think so. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Eugene Volokh] Arkansas S. Ct. Formally Admonishes Judge Whose Order Characterized S. Ct.'s Opinion as "LOCO"

31 May 2024, 6:03 pm by Eugene Volokh

[W]e issued notice to Judge Welch that his order may have violated the Code of Judicial Conduct…. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Waiting Game: Noncompetes, Google, Roll-Ups, and More

31 May 2024, 9:40 am by Daniel J. Gilman

I mean, I suppose you can call it a win with a lower-case small-font “w. [read post]

Truth on the Market - http://truthonthemarket.com/

Case Summaries: N.C. Supreme Court (May 23, 2024)

30 May 2024, 7:34 am by Alex Phipps

At the Court of Appeals, defendant argued that the trial court lacked subject matter jurisdiction because the indictment omitted that his act was committed “by force. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/

Delaware Vice Chancellor Laster returns to the Moelis fray in Wagner v. BRP Group, Inc.

29 May 2024, 4:58 pm by Steve Bainbridge

Blogging on LinkedIn doesn't strike me as differing in kind from those more traditional venues. [read post]

ProfessorBainbridge.com - http://www.professorbainbridge.com/professorbainbridgecom/

Writing Wrongs: Language Choice in Legal Writing

29 May 2024, 3:52 pm by Reference Staff

But no one talks about it, and they certainly don’t talk about how this [homogeneity] controls the narrative.According to Barry the number of law students of color is rising steadily. [read post]

Washington State Law Library - https://medium.com/walawlibrary

Judicial Ethics First Principles – Appearance of Impropriety

24 May 2024, 4:00 am by Guest Blogger

[Editor's Note: The following essay is by Professor W. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Stern on Climate Reparations

23 May 2024, 8:55 pm by Lawrence Solum

Táíwò (2022) and The Long Land War: The Global Struggle for Occupancy Rights by Jo Guldi (2022). [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment

23 May 2024, 6:00 am by Public Employment Law Press

[t]hat the claim comes within the provision of this chapter. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/