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31 May 2024, 3:10 am by Andrew Lavoott Bluestone
Plaintiff’s claims against his union, Professional Staff Congress (PSC-CUNY), and its legal director, arising from their selection of an allegedly biased arbitrator are barred by res judicata and collateral estoppel based on this Court’s resolution of that issue in plaintiff’s prior appeals (see Matter of Dowlah v City Univ. of N.Y., 189 AD3d 533, 534 [1st Dept 2020]; Dowlah v American Arbitration Assn., 221 AD3d 426, 426 [1st Dept 2023]). [read post]
30 May 2024, 1:52 pm
But both agree -- in my view, entirely correctly -- that while it might be second degree murder if you down a massive amount of oxycodone, speed recklessly, and crash into someone, it's not second degree murder if you chug the oxy, speed recklessly, crash yourself, and then half an hour later and a half-mile away, a truck driver doesn't see the resulting traffic jam and slams into someone, killing them.This is a classic example, I think, of the difference between but-for… [read post]
30 May 2024, 12:21 pm by Dennis Crouch
Citing its predecessor court’s seminal case of Radium Mines, Inc. v. [read post]
30 May 2024, 10:46 am by Mark Ashton
Do not invade retirement unless you absolutely have to because you will drown financially otherwise or because you see a credit card balance that grows like topsy because the rate of interest is insane. [read post]
While the defense argued that the defendants were not guilty of subversion as subverting state power involves the use or threat of force, the court referenced HKSAR v. [read post]
29 May 2024, 9:01 pm by Vikram David Amar
(For more on the details of the challenge and what the Court’s holding means for the CFPB going forward, see this column I posted last week.) [read post]