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15 May 2024, 6:00 am by Public Employment Law Press
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
15 May 2024, 6:00 am by Public Employment Law Press
The principle requires that the Legislature make the critical policy decisions, while the executive branch's responsibility is to implement those policies" (Matter of LeadingAge N.Y., Inc. v Shah, 32 NY3d 249, 259 [2018] [internal quotation marks and citations omitted]; see Garcia v New York City Dept. of Health & Mental Hygiene, 31 NY3d 601, 608 [2018]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"[A]n arbitrator 'exceed[s] [their] power' under the meaning of the statute where [their] 'award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power' " (id.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127 [4th… [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"[A]n arbitrator 'exceed[s] [their] power' under the meaning of the statute where [their] 'award violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power' " (id.), or where the arbitrator " 'manifestly disregard[s]' the substantive law applicable to the parties' dispute" (Schiferle v Capital Fence Co., Inc., 155 AD3d 122, 127 [4th… [read post]
1 May 2024, 1:18 pm by Melissa Tremblay
Not so, insisted the Second Circuit, pointing out that to support an inference of willfulness, concealment typically occurs concurrently with the alleged violation.[24] Next, the court found the relator’s allegations in which he raised concerns that the program did not align with the company’s compliance standards were probative only of the relator’s beliefs, not McKesson’s.[25] Third, the court rejected the relator’s… [read post]
30 Apr 2024, 6:08 am by Adam Klasfeld
During the first week of Trump’s criminal trial, those secrets spilled out with testimony by David Pecker, the former CEO of the tabloid’s parent company American Media Inc. [read post]
26 Apr 2024, 12:30 pm by John Ross
After TASER International, Inc. successfully sued Phazzer Electronics for various violations of its intellectual property, the owners of Phazzer, in plain violation of the court's injunction, just wouldn't stop selling stun guns! [read post]
26 Apr 2024, 3:51 am by Andrew Lavoott Bluestone
(NYSCEF 279,Storgion4 Appraisal Report at 3-4;5 NYSCEF 278, Contract ,m 1.1.1, 1.16.) [read post]
25 Apr 2024, 6:52 am by Daniel J. Gilman
Circuit Court of Appeals opinion from 1969, Community Blood Bank of Kansas City Area, Inc. v. [read post]
22 Apr 2024, 3:39 pm by Adam Klasfeld
  “You know, I’m automatically attracted to beautiful women,” Colangelo said, repeating Trump’s words. [read post]