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19 Jan 2013, 6:15 am by Donn Zaretsky
 (v) Sony and the other defendants clearly adapted the plaintiff’s photograph without permission, but they adapted un-original parts on the one hand and copied too little of the original parts on the other." [read post]
13 Apr 2007, 6:27 am
Yesterday, according to CNS News, the U.S. 8th Circuit Court of Appeals heard oral arguments in Doe v. [read post]
17 Nov 2008, 7:44 pm
When does California consider a judgment from Qatar "final" under the UFMJRA? [read post]
21 Nov 2010, 5:07 pm
This claim was established by the seminal case in Georgia of Southern General Insurance Company v. [read post]
11 Jun 2011, 8:47 am by gmlevine
[T]he lack of a formal web page does not detract from these real and viable commercial uses,” Innotek, Inc. v. [read post]
10 Mar 2011, 9:54 am by Lawrence B. Ebert
Within a discussion of Festo in a law review article titled Foreseeable Trouble: How Festo Corp. v. [read post]
8 Feb 2011, 3:30 am
Finding different employees guilty of the same misconduct does not require the appointing authority's imposing the same penalty on the individualsMeagher v Safir, 272 AD2d 114One of the issues in the Justin Meagher’s appeal from the disciplinary penalty imposed upon him by the New York City Commissioner of Police was that his punishment was the forfeiture of ten days of vacation while the penalty imposed on another officer involved in the same event was the loss of five… [read post]
3 May 2010, 3:37 am
Requesting the reconsideration of an administrative determination does not toll the statute of limitations for bring an Article 78 actionMatter of Barresi v County of Suffolk, 2010 NY Slip Op 03439, Decided on April 27, 2010, Appellate Division, Second DepartmentPhilip R. [read post]
15 Mar 2011, 11:16 am
Serving disciplinary charges on an employee in a disciplinary probation period status does not preclude his or her summary terminationMatter of Nieves-Diaz v City of New York, 37 AD3d 356After being served with disciplinary charges while serving a disciplinary probation period, New York City Police Detective Luis Nieves-Diaz was summarily terminated from the Department without being given a pre-termination hearing on those charges.In response to Nieves-Diaz’s appeal… [read post]
5 Aug 2010, 6:07 am
Remanding an arbitration award for the sole purpose of calculating or recalculating "damages" does not permit a new determination on the meritsShroid Construction v Dattoma, App Div, 250 AD2d 590Sometimes an arbitration award is challenged pursuant to Article 75 and while sustained on the merits, the matter is remanded to calculate or recalculate the amount of “damages” to be paid. [read post]