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A defendant bears the initial burden of establishing that he or she has been released from any claims (see Centro Empresarial Cempresa S.A. v América Móvil, S.A.B. de C.V., 17 NY3d 269, 276). [read post]

New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/

A Pitch for “Statutory Torts,” by Matteo Godi

28 Nov 2023, 5:24 am by Guest Author

United States, 412 U.S. 521 (1973) Carlson v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Stephen Halbrook] Second Amendment Roundup: Concessions by the Government in the Rahimi Oral Argument

27 Nov 2023, 6:00 pm by Stephen Halbrook

State Rifle & Pistol Ass'n v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Determining if a lump sum payment to a member of a New York State public retirement system is includable in calculating a member of the retirement system's final average salary

27 Nov 2023, 6:00 am by Public Employment Law Press

The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Determining if a lump sum payment to a member of a New York State public retirement system is includable in calculating a member of the retirement system's final average salary

27 Nov 2023, 6:00 am by Public Employment Law Press

The Comptroller adopted the Hearing Officer's decision.Petitioner then commenced this proceeding pursuant to CPLR Article 78 challenging the Comptroller's determination.Citing Matter of Bohlen v DiNapoli, 34 NY3d 434, the Appellate Division explained the "Comptroller is vested with exclusive authority to determine applications for retirement benefits and such determination, if supported by substantial evidence, must be upheld". [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Case Comment: R (AAA and Ors) v Secretary of State for the Home Department [2023] UKSC 42

27 Nov 2023, 2:12 am by CMS

In this post, Shabbir Bokhari, a paralegal in the Litigation & Arbitration team at CMS comments on the decision from the Supreme Court in R (AAA and Ors) v Secretary of State for the Home Department [2023] UKSC 42 which was handed down on 15 November 2023. [read post]

UK Supreme Court Blog - http://ukscblog.com/

Promises And Divorce In Illinois

23 Nov 2023, 7:04 am by Russell Knight

Therefore, the original complaint failed to state a cause of action for fraud” Ault v. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

Legal Intelligencer: Battle of the Experts (Standards): ‘Frye,’ ‘Daubert’ and Federal Rule of Evidence 702

22 Nov 2023, 10:51 am by Edward T. Kang

United States, 293 F. 1013 (D.C. [read post]

Kang Haggerty Firm News. - https://www.khflaw.com/news/

Google, Amazon, Switching Costs, and Red Herrings

22 Nov 2023, 6:44 am by Daniel J. Gilman

All of this windup about the FTC, Meta, and Amazon brings me to—well, bear with me—the U.S. [read post]

Truth on the Market - http://truthonthemarket.com/

[Josh Blackman] A Reversal in Rahimi Will Be Tougher to Write Than Critics Admit

21 Nov 2023, 1:33 pm by Josh Blackman

United States v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Case Law, Strasbourg: Bild GmbH & Co v Germany, Police officer’s “pixelation” injunction violated Article 10 – Hugh Tomlinson KC

20 Nov 2023, 4:13 pm by INFORRM

It emphasised the importance of discussion around the State’s monopoly on the use of force, but set that against P. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

A Franco-Italian ploy to protect the carnivore consumer

20 Nov 2023, 3:30 am by David Nagode

In essence, the French legislator was aware that technical regulations, which could potentially place additional burdens on importers from other Member States according to the dual burden doctrine (Barnard, p. 87). [read post]

European Law Blog - https://europeanlawblog.eu/

Recent Hague Convention District Court Cases - Duhart v Kristan, 2023 WL 79277779 N.D. Georgia, 2023) [Germany][Petition dismissed] [Lack of jurisdiction]

19 Nov 2023, 1:45 pm by Joel R. Brandes

”); Lops v. [read post]

A Child is Missing - http://joelbrandes.blogspot.com/

Guest Post: Some Preliminary Thoughts on the Recent European Commission Anti-Subsidy Investigation on Imports of New Electric Vehicles Originating in China

18 Nov 2023, 10:05 am by Simon Lester

Some preliminary data on imports of EVs into EU The import statistics between 2020-2023[v] do show a certain increasing trend of imports of new EVs from China into EU. [read post]

International Economic Law and Policy Blog - http://worldtradelaw.typepad.com/ielpblog/

Guest Post: Some Preliminary Thoughts on the Recent European Commission Anti-Subsidy Investigation on Imports of New Electric Vehicles Originating in China

18 Nov 2023, 10:05 am by Simon Lester

Some preliminary data on imports of EVs into EU The import statistics between 2020-2023[v] do show a certain increasing trend of imports of new EVs from China into EU. [read post]

International Economic Law and Policy Blog - https://ielp.worldtradelaw.net/

Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Meta

18 Nov 2023, 9:21 am by Eric Goldman

The people, not the government, bear the responsibility to discern the truth. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/