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Third District Reverses Order Prematurely Discharging CEQA Writ for Failure to Address Objections That Certified Revised EIR Was Still Noncompliant, Holds Project Opponents Could Properly Opt to Raise Challenge Through Objections to Return Without Filing Separate Action
23 May 2024, 4:54 pm by Arthur F. Coon
v. [read post]
CEQA Developments - http://www.ceqadevelopments.com
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
More recently, we reiterated the same principle in Matter of Rosen v First Manhattan Bank (84 NY2d 856, 857 [1994]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
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
More recently, we reiterated the same principle in Matter of Rosen v First Manhattan Bank (84 NY2d 856, 857 [1994]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Honestly! Since When Can’t You Fire Somebody for Failing a Drug Test?
23 May 2024, 3:01 am by Grace A. Kuntz, Frost Brown Todd LLP, Richard L. Moore, Frost Brown Todd LLP
Fisher v. [read post]
Human Resources News - https://hrdailyadvisor.blr.com/
The UPC Court of Appeal dismisses appeal in SES-Imagotag v Hanshow – clarity on claim construction in the UPC?
21 May 2024, 2:45 am by Rebecca Daramola (Bristows)
In 10x Genomics v Curio (UPC_CFI_463/2023), the Düsseldorf Local Division reiterated its position in Ortovox v Mammut (UPC_CFI_452/2023) that statements made by the patentee in the patent granting procedure are not, by law, admissible material for interpretation and are generally not be taken into account in the context of patent interpretation. [read post]
Kluwer Patent Blog - http://patentblog.kluweriplaw.com/
The Constitution of the War on Drugs: Response to Commentators
20 May 2024, 8:40 am by David Pozen
By contrast, Paul-Emile’s theory might suggest a revisionist reading of Gonzales v. [read post]
Balkinization - http://balkin.blogspot.com/
Saving the Consumer Financial Protection Bureau (and the Constitution) from the Courts, by Christine Kexel Chabot
20 May 2024, 8:06 am by Guest Author
Shugerman, SEC v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Employee challenged the New York City Department of Education's directive requiring him to submit to a medical examination pursuant to Education Law §2568
20 May 2024, 6:00 am by Public Employment Law Press
  Respondent reiterated this directive in an email dated June 27, 2023. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee challenged the New York City Department of Education's directive requiring him to submit to a medical examination pursuant to Education Law §2568
20 May 2024, 6:00 am by Public Employment Law Press
  Respondent reiterated this directive in an email dated June 27, 2023. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Ilya Somin] Indiana Court Rules Burritos and Tacos Qualify as Sandwiches
19 May 2024, 11:28 am by Ilya Somin
" The Supreme Court of Indiana recently reiterated that rule in its February decision in Spells v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Is this fair? The ECJ rules on prohibition of assignment and ex officio control of unfairness (C-173/23 Air Europa Líneas Aéreas)
16 May 2024, 10:30 pm by Michael Chatzipanagiotis
Regarding the principle of equivalence, the ECJ reiterated that Article 6(1) UCTD ranks equally with domestic rules of public policy. [read post]
European Law Blog - https://europeanlawblog.eu/
The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law
15 May 2024, 7:51 am by Dennis Crouch
Impression Products, Inc. v. [read post]
Patently-O - https://patentlyo.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
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [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
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit
6 May 2024, 9:58 am by Joshua Fox and Mallory Knudsen
., v. [read post]
Labor Relations Update - http://www.laborrelationsupdate.com
Update: Supreme Court Revises Title VII’s Decades-Old “Adverse Employment Action” Standard for Discriminatory Transfers
6 May 2024, 9:38 am by bklemm@foley.com
See Muldrow v. [read post]
Labor & Employment Law Perspectives - https://www.foley.com/en/insights/blogs/labor-employment-law-perspectives
The Kenyan Supreme Court holds that Scottish Locus Inspection Orders must be Examined by the Kenyan Courts for Recognition and Enforcement in Kenya
6 May 2024, 7:38 am by Chukwuma Okoli
This was further affirmed by the Court of Appeal, which expressed the same views and reiterated the need for judicial assistance in enforcing foreign judgments and rulings in Kenya. [read post]
Conflict of Laws .net - https://conflictoflaws.net
AI’s Creative Ambitions: A Case Review of Thaler v. Perlmutter (2023)
5 May 2024, 7:44 pm by Washington Journal of Law, Technology & Arts
Supreme Court’s 1884 opinion in Burrow-Giles Lithographic Company v. [read post]
Law, Technology & Arts Blog - http://wjlta.wordpress.com/
Cycling Towards Confusion: Is there room for iFIT Fitness Services and iFIT Safety Glasses?
5 May 2024, 10:26 am by Dennis Crouch
The briefing cites to Naterra International, Inc. v. [read post]
Patently-O - https://patentlyo.com
Publisher’s Platform: What you need to know about E. coli during an Outbreak
30 Apr 2024, 3:12 pm by Bill Marler
 E. coli O157:H7 is one of thousands of serotypes Escherichia coli.[1] The combination of letters and numbers in the name of the E. coli O157:H7 refers to the specific antigens (proteins which provoke an antibody response) found on the body and tail or flagellum[2] respectively and distinguish it from other types of E. coli.[3] Most serotypes of E. coli are harmless and live as normal flora in the intestines of healthy humans and… [read post]
Food Safety News - http://www.foodsafetynews.com/