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Courts will not assume the role of overseers to conform an arbitration award to its sense of justice
23 Mar 2023, 4:33 am
Indeed, observed the Appellate Division, even where an arbitrator "makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice", citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York, 94 NY2d at 326; and Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). [read post]
Courts will not assume the role of overseers to conform an arbitration award to its sense of justice
23 Mar 2023, 4:33 am
Indeed, observed the Appellate Division, even where an arbitrator "makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice", citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York, 94 NY2d at 326; and Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). [read post]
13 Mar 2023, 9:08 am
Nunn called the law an "absurdity" because it banned the sale and keeping of Bowie knives, pistols, and spears (!) [read post]
7 Mar 2023, 5:31 am
In Cargill v. [read post]
22 Feb 2023, 3:23 pm
The New York State 2022-2023 Budget[1] amendment QQ updated the State’s approach to freshwater wetlands regulation. [read post]
7 Feb 2023, 5:00 am
Noting the ruling in Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, [cert. [read post]
7 Feb 2023, 5:00 am
Noting the ruling in Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, [cert. [read post]
14 Dec 2022, 6:14 am
See Spear v. [read post]
20 Nov 2022, 9:55 am
Cockrum v. [read post]
20 Nov 2022, 9:53 am
Supreme Court affirmed in New York State Rifle and Pistol Association v. [read post]
1 Nov 2022, 10:23 am
Part V addresses Miller and Tucker's claim that the American Founders were unfamiliar with dramatic technological changes in firearms — a claim that is refuted by Dupuy's data. [read post]
31 Oct 2022, 6:00 am
Addressing Respondent's contention that Petitioner submitted "false responses to discovery demands", citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, the court opined that "there was at least 'a barely colorable justification' for the arbitrator's conclusion that there was a lack of competent evidence to support [Respondent's] claim of false discovery disclosures". [read post]
31 Oct 2022, 6:00 am
Addressing Respondent's contention that Petitioner submitted "false responses to discovery demands", citing Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, the court opined that "there was at least 'a barely colorable justification' for the arbitrator's conclusion that there was a lack of competent evidence to support [Respondent's] claim of false discovery disclosures". [read post]
23 Sep 2022, 4:30 am
§1983, was construed by SCOTUS in Will v. [read post]
22 Sep 2022, 8:12 am
State v. [read post]
20 Sep 2022, 10:00 pm
Helmsley-Spear Inc., for the proposition that these five mural pieces were individual works which did not qualify as “visual art” under VARA, since they served a utilitarian function beyond their visual appeal. [read post]
7 Sep 2022, 8:48 am
Spear, 520 U.S. 154, 175 (1997). [read post]
7 Sep 2022, 2:00 am
Spears v. [read post]
19 Aug 2022, 6:06 am
On the morning of January 6, Tony Ornato, Trump’s Deputy Chief of Staff for Operations, advised Meadows that the crowd gathering for the rally on the Ellipse included people carrying “knives, guns in the form of pistols and rifles, bear spray, body armor, spears and flag poles. [read post]
15 Jul 2022, 4:00 am
Supreme Court’s reversal of Roe v. [read post]
