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As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
Gibbons v State of New York 2022 NY Slip Op 04153 Decided on June 29, 2022 Appellate Division, Second 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/
As the employee bears the burden of proving the existence of a reasonable accommodation permitting the employee to perform the essential functions of the position, the employer engaging in an "interactive process" is not an issue where the evidence demonstrates that no reasonable accommodation is possible
1 Jul 2022, 9:02 pm by Public Employment Law Press
Gibbons v State of New York 2022 NY Slip Op 04153 Decided on June 29, 2022 Appellate Division, Second 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/
Quick Links from the Past Year, Part 6 (Defamation & Much More)
1 Jul 2022, 9:42 am by Eric Goldman
” “the views of New York courts… appear particularly well-versed in actions for defamation based on negative restaurant reviews. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
“Clean-up” conference prompts three new grants, lots of separate writings
30 Jun 2022, 3:44 pm by Amy Howe
Jackson Women’s Health Organization and New York State Rifle & Pistol Association v. [read post]
SCOTUSblog - http://www.scotusblog.com/
The Irony of the Second Amendment and Roe v. Wade
28 Jun 2022, 7:33 pm by binder'sblog
A woman shouldn’t have the sole right to say what should happen to her body. [read post]
Binder's Blog - https://denisbinder.blogspot.com
How to Qualify for Protection against Violence
23 Jun 2022, 4:00 am by Sherry F. Colb
Am I being hypocritical by implying and now stating explicitly that extending the right against violence to a zygote is madness? [read post]
Dorf on Law - http://www.dorfonlaw.org/
New York Botanical Garden sues its insurance company for its "business interruption losses" resulting from an order by a government body closing its facilities in response to COVID-19
17 Jun 2022, 9:09 pm by Public Employment Law Press
Dist. v New York Schs. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York Botanical Garden sues its insurance company for its "business interruption losses" resulting from an order by a government body closing its facilities in response to COVID-19
17 Jun 2022, 9:09 pm by Public Employment Law Press
Dist. v New York Schs. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
CVS Albany LLC et al., International Council of Shopping Centers, Inc., Stop & Shop Supermarket Company, LLC, Wakefern Food Corporation, New York State School Boards Association, New York State Conference of Mayors and Municipal Officials et al., amici curiae. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A grievance complaint filed with the assessor or board of assessment review at the administrative level by a net lessee who is contractually obligated to pay real estate taxes on the subject property satisfies RPTL 524 (3) and has standing to challenge the assessment
17 Jun 2022, 9:07 pm by Public Employment Law Press
CVS Albany LLC et al., International Council of Shopping Centers, Inc., Stop & Shop Supermarket Company, LLC, Wakefern Food Corporation, New York State School Boards Association, New York State Conference of Mayors and Municipal Officials et al., amici curiae. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
News You Can Use Digest – June 17, 2022
17 Jun 2022, 4:00 am by Jim Sedor
Supreme Court overturn Roe v. [read post]
Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed
Golan v. Saada, ___U.S.___, (Supreme Court, June 15, 2022) [Italy] [Petition granted] [Ameliorative measures] [Vacated and remanded]
15 Jun 2022, 1:21 pm by Joel R. Brandes
District Court for the Eastern District of New York, seeking an order for B. [read post]
A Child is Missing - http://joelbrandes.blogspot.com/
[Eugene Volokh] $125K Libel Punitive Award Excessive When Jury Found No Compensatory Damages
14 Jun 2022, 1:51 pm by Eugene Volokh
See Celle v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Text Messages Trump Formalities in Ownership Dispute Over Cryptocurrency Business
13 Jun 2022, 3:55 am by Peter J. Sluka
Sherman was also instrumental in helping Cottonwood obtain its “BitLicense” from the state of New York, a prerequisite to live operations in New York. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Flight attendant cannot bring retaliation claim after complaining about pilot's response to passenger's racist comment
10 Jun 2022, 7:12 am by Second Circuit Civil Rights Blog
  More importantly, as it relates to the claim in this case, which is solely for retaliation under the New York City Human Rights Law  ('NYCHRL'),  the  holding  is  fundamentally  inconsistent  with  New York  state  court  precedent  interpreting  the  NYCHRL, which  gives  even  more extensive rights to employees than Title VII and explicitly… [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Court constricts, even if it does not quite eliminate, damages actions under Bivens
8 Jun 2022, 6:42 pm by Howard M. Wasserman
Petitioner Erik Egbert, a Border Patrol agent, attempted to speak with a guest, newly arrived from Turkey via New York, outside the inn. [read post]
SCOTUSblog - http://www.scotusblog.com/
[Eugene Volokh] Targeting Employee for Op-Ed Criticizing "Anti-Racism" Because She's White May Be Race Discrimination
6 Jun 2022, 3:36 pm by Eugene Volokh
Speaking simultaneously in her capacities as a mother, public defender, elected public school council member, and then-candidate for New York City Council, Plaintiff recounted in the Op-Ed her experience at an anti-bias training run by the New York City Department of Education ("DOE"). [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Lawsuit Against Kevin Spacey for Allegedly Touching Minor's "Intimate Parts" Can Proceed
6 Jun 2022, 12:37 pm by Eugene Volokh
" … The Appellate Division, First Department, of the New York Supreme Court has made clear that the term "intimate parts" as used in Penal Law Section 130.52, subd. 1, is not defined solely in terms of anatomy. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A Loan Is a Loan Is a Loan, Except When It’s Equity
6 Jun 2022, 4:18 am by Peter Mahler
Moskowitz v Fischer Moskowitz involves an LLC formed by plaintiff Moskowitz and defendant Stevens in 2007 to acquire and develop a parcel of real property in Quogue, New York. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Your most common questions about ALSPs (307)
5 Jun 2022, 5:48 pm by Yvonne Nath
  Certain states started to relax restrictions around the business and practice of law. [read post]
Legal Evolution - https://www.legalevolution.org/