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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
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Justice Barrett May Serve as a Bridge Between Ideological Sides in the Trump Presidential Immunity Case
9 Jun 2024, 9:00 pm by Jon May
Circuit’s decision in Blassingame v. [read post]
Verdict - http://verdict.justia.com/
Abortion, guns and more: These are the Supreme Court’s remaining cases
9 Jun 2024, 5:17 pm by Yosi Yahoudai
Rahimi’s lawyers say a Supreme Court decision two years ago in New York State Rifle & Pistol Association v. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
With E. coli Outbreaks in the U.K. and Virginia, what do you need to know?
8 Jun 2024, 5:20 pm by Bill Marler
 Stx1, Stx2, Stx2c), and acts like the plant toxin ricin by inhibiting protein synthesis in endothelial and other cells.[17] Shiga toxin is one of the most potent toxins known.[18] In addition to Shiga toxins, E. coli O157:H7 produces numerous other putative virulence factors including proteins, which aid in the attachment and colonization of the bacteria in the intestinal wall and which can lyse red blood cells and liberate iron to help support E.… [read post]
Marler Blog - http://www.marlerblog.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
United States v. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Jonathan H. Adler] Did Environmental Groups Drop Challenges to SEC Climate Disclosure Rule Because They Lost the Lottery?
4 Jun 2024, 1:54 pm by Jonathan H. Adler
Circuit (Sierra Club v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Campbell v City of New York 2024 NY Slip Op 02772 Decided on May 21, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Where the employer provided plaintiff liberal opportunities to switch shifts with other employees so that Plaintiff could avoid working on the Sabbath, the Appellate Division unanimously affirmed Supreme Courts ruling ruled that, under the circumstances presented, Plaintiff failed to meet her prima facie burden of discrimination based on her religion
3 Jun 2024, 6:00 am by Public Employment Law Press
Campbell v City of New York 2024 NY Slip Op 02772 Decided on May 21, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Steven Calabresi] American Voters Need Fast U.S. Supreme Court Review of the Constitutionality of President Trump's Convictions
2 Jun 2024, 11:08 pm by Steven Calabresi
The unconstitutional trial that President Trump was subjected to occurred in the most liberal borough, of the most liberal city, of one of the most liberal States in the country. [read post]
The Volokh Conspiracy - http://www.volokh.com/
LGBTQ+ Pride Month is starting to show its colors around the world. What to know
1 Jun 2024, 3:40 am by Yosi Yahoudai
“The fight for liberation isn’t over,” Perez said. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
[Steven Calabresi] President Donald Trump's Manhattan Convictions are Unconstitutional
1 Jun 2024, 12:32 am by Steven Calabresi
If Buckley v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Trump Verdict Raises Concerns About A Nasty Election Campaign Getting Nastier – Looking at a Broadcaster’s Potential Liability for Attack Ads
31 May 2024, 7:38 am by David Oxenford
  (Note that there have been statements from some Supreme Court justices that suggest that this standard that arose in a case, NY Times v. [read post]
Broadcast Law Blog - http://www.broadcastlawblog.com/
​​Combatant Privilege vs. Criminal Responsibility for Organized Armed Groups
31 May 2024, 7:00 am by Rogier Bartels
In R v Gul, it noted “that insurgents in non-international armed conflicts do not enjoy combatant immunity” (para. 50). [read post]
Just Security - https://www.justsecurity.org/
Implied Contracts with the Government over Counterfeit Coins
30 May 2024, 12:21 pm by Dennis Crouch
United States, 153 F. [read post]
Patently-O - https://patentlyo.com
[Jonathan H. Adler] Judge David Tatel on the Roberts Court, the Voting Rights Act, and the Notorious RBG
29 May 2024, 6:54 am by Jonathan H. Adler
Biskupic's story also confirms what many have long suspected about the Supreme Court's decision in NAMUDNO v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Blog Post: Who Are the Targets of Trump’s Deportation Army If He Gets Reelected?
27 May 2024, 3:49 am by Daniel M. Kowalski
” The Supreme Court in Trump v. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
(South Africa v. Israel) Order of 24 May 2024 on a Request for the modification of the Order of 28 March 2024; (Afrique du Sud c. Israël) Ordonnance du 24 Mai 2024 sur Demande tendant à la modification de l’ordonnance du 28 mars 2024
24 May 2024, 2:12 pm
It provides a quite fascinating window into the ancient categories of civilian and combatant that while quote important may require some thinking at its edges in an era of total war or in the context of wars of liberation. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
The Challenges of a Winning Climate Case
23 May 2024, 5:27 am by Jacob Ford Ridgeway
Presently, more liberal states appear to be hesitating to bring such claims, perhaps due to skepticism toward their prospects should it reach the Supreme Court. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/