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Quedaría el imaginativo cauce residual de solicitar en vía administrativa (al margen de la vía del art.29.2 LJCA) que por la Administración titular de la carretera se aprobase la reparación de ese tramo de carretera (o sea, que se dictase un acto administrativo, plan u orden de ejecución de obras, o incluso que se ejecuten materialmente) y [read post]

delaJusticia.com - https://delajusticia.com/

Court of Appeals Rules that Order of Civil Contempt Cannot Be Based Solely on Failure to Pay Award of Attorney’s Fees and Costs

11 Jun 2024, 1:33 pm by Douglas C. Melcher

R. 69(a) & D.C. [read post]

D.C. Law Blog - https://melcherlaw.com/dc-law-blog

Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected

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

"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal should not… [read post]

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

Plaintiff's claim that the termination her employment violated Labor Law §201-d(2)(c), which bars an employer from discharging an employee because of the employee's legal recreational activities outside work hours, rejected

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

"Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all and unless it can be said that no significant dispute exists regarding it, dismissal should not… [read post]

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

[Guest post] Bad faith or business-savvy? Lessons from recent EU General Court’s ruling

11 Jun 2024, 1:42 am by Eleonora Rosati

This analysis is consistent with recently published decisions by both the General Court and the Boards of Appeal on the topic, inter alia: mataharispaclub v EUIPO - Rouha (SpaClubMatahari), Gugler France v EUIPO - Gugler (GUGLER), R 1320/2022-4, CELESTINO, and R 470/2023-2, TOYA (fig.).Therefore, it is crucial for bad faith applicants to prioritise thorough, high-quality evidence collection for a successful case. [read post]

IPKat - http://ipkitten.blogspot.com/

Abrams & Potts on the Rhetoric of Abortion in Amicus Briefs

11 Jun 2024, 12:00 am by Lawrence Solum

Jamie R. [read post]

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

Lawyers argue U.S. weapons to Israel case, pro-Palestine groups rally at SF federal courthouse

10 Jun 2024, 7:24 pm by Yosi Yahoudai

Joseph R. [read post]

J&Y Personal Injury Blog - https://jnylaw.com/blog/

Environmental & Constitutional Law Professors for Climate Rights in Montana

10 Jun 2024, 12:00 pm by Jack Garvey

In Park County Environmental Council v. [read post]