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Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher
15 May 2024, 10:00 am by Public Employment Law Press
Corp., 18 NY3d 499, 503 [2012]), the custodian engineer's generalized testimony that she would regularly test the door and determine that it was functioning safely and properly, by itself and without any expert analysis, failed to establish, prima facie, defendant's entitlement to judgment as a matter of law (see Lugo v Belmont Blvd. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
15 May 2024, 7:41 am by Eric Goldman
Smith Corp., 521 U.S. 179, 191 (1997), citing Connors v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)
13 May 2024, 7:36 am by Eric Goldman
And so began Charles Breyer’s scathing 52-page opinion in the recent X Corp. v. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Nvidia plaintiffs deny any circuit split
13 May 2024, 7:16 am by Unknown
But the plaintiffs push back on the idea that there is a circuit split at all, arguing that the PSLRA’s stay on discovery means that some allegations will lack full evidentiary support in early stages of the litigation (NVIDIA Corp. v. [read post]
Jim Hamilton's World of Securities Regulation - http://jimhamiltonblog.blogspot.com/
court remands NYC's false advertising case against oil companies to state court
13 May 2024, 6:45 am by Rebecca Tushnet
Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. [read post]
43(B)log - http://tushnet.blogspot.com/
Risk Potpourri — Judge’s “Street Brawl” (And Conflict), Banker Conflict Disclosure Matter, CLO/Corporate Secretary Research, Fee Sharing Opinion
13 May 2024, 6:41 am by Dan Bressler
M&F Worldwide Corp. [read post]
Bressler Risk Blog - http://www.bresslerriskblog.com
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
& Gas Corp., 183 AD3d 1207, 1209 [3d Dept 2020]; see also Executive [*4]Law § 809 [2] [b]; 9 NYCRR 572. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
& Gas Corp., 183 AD3d 1207, 1209 [3d Dept 2020]; see also Executive [*4]Law § 809 [2] [b]; 9 NYCRR 572. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Neither petitioner nor the court identified any "substantive law applicable to the parties' dispute" to support application of the doctrine of manifest disregard of law (Schiferle, 155 AD3d at 127; see Matter of Daesang Corp. v NutraSweet Co., 167 AD3d 1, 21 n 15 [1st Dept 2018], lv denied 32 NY3d 915 [2019]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Neither petitioner nor the court identified any "substantive law applicable to the parties' dispute" to support application of the doctrine of manifest disregard of law (Schiferle, 155 AD3d at 127; see Matter of Daesang Corp. v NutraSweet Co., 167 AD3d 1, 21 n 15 [1st Dept 2018], lv denied 32 NY3d 915 [2019]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Federal Judge Finds Exception To Exclusivity Of California Dissenters' Rights Remedy To Be "Likely" Even Though The Statute Says Otherwise
10 May 2024, 12:15 am
Corp. [read post]
California Corporate & Securities Law - https://www.calcorporatelaw.com/
[Jonathan H. Adler] Is the Federal Property & Administrative Services Act Unconstitutional?
9 May 2024, 3:59 pm by Jonathan H. Adler
Schechter Poultry Corp. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Guest Post: Protecting ERISA Fiduciaries from Wrongful Blame for the Retirement Funding Crisis
8 May 2024, 2:26 pm by Kevin LaCroix
In the following guest post, James L. [read post]
The D & O Diary - http://www.dandodiary.com/
Finding More Than Studs: Domestic Industry Nexus Tightens
8 May 2024, 12:09 pm by Dennis Crouch
Zircon Corp. v. [read post]
Patently-O - https://patentlyo.com
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Soaring Sugar Prices Not So Sweet: Antitrust Class Actions Surge
7 May 2024, 8:12 am by Kaitlin Schoberl
,” she wrote in her 2022 opinion, which was upheld in 2023 by the U.S. [read post]
Podhurst Orseck, P.A. Blog - https://www.podhurst.com/news/
D.C. Circuit Review – Reviewed: NEPA and Agency Post Hoc Rationalizations
6 May 2024, 9:17 pm by Hyland Hunt
Army Corps of Engineers, No. 23-5189, the D.C. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Eugene Volokh] Yet Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity
6 May 2024, 9:20 am by Eugene Volokh
From today's Fourth Circuit opinion in Doe v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Your Business Appraiser Relied on What!?  Lessons from a Mostly-Decided Motion to Preclude
6 May 2024, 3:32 am by Peter J. Sluka
  Under New York law, a testifying expert can rely on hearsay as a basis for his opinion only where (1) the out-of-court material is of a kind accepted in the profession as reliable as a basis in forming a professional opinion, and (2) there is evidence presented establishing the reliability of the out-of-court material referred to by the witness (Hambsch v New York City Tr. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/