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13 Aug 2018, 11:27 am by Myers Freelance
After comparing the two articles that analyze Carpenter v. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
Courts in New York State have consistently recognized the importance of using progressive discipline.Rulings by the New York State Supreme Court, the Appellate Division of the Supreme Court, and the Court of Appeals, New York State’s highest court, suggest an employer’s in assigning severe penalties for certain “first offenses” may not survive judicial review. [read post]
12 Jun 2018, 6:56 am by Joy Waltemath
The agency’s argument that the regulation leaves the decision up to the employer was unavailing, the court explained, under the competitor standing doctrine and had already been rejected in earlier cases, such as Bristol-Myers Squibb Co. v. [read post]
11 Jun 2018, 2:54 pm by George Conway
The Supreme Court has never squarely addressed the point under the Appointments Clause, but in discussing presidential removal power in Myers v. [read post]
1 Jun 2018, 4:35 am by Andrew Lavoott Bluestone
Nor do we believe that our decision will lead to unpredictability or confusion given that it reiterates the proposition that bare legal conclusions in a pleading are not entitled to consideration when assessing a motion to dismiss under CPLR 3211 (a) (7) (see Myers v Schneiderman, 30 NY3d 1, 11 [2017]; Connaughton v Chipotle Mexican Grill, Inc., 29 NY3d at 141; Maas v Cornell Univ., 94 NY2d 87, 91 [1999]; Rodriguez v Jacoby & Meyers,… [read post]
29 May 2018, 12:00 pm by Josh Blackman
I’d be willing to wager that a sizeable majority would have said that Humphrey’s Executor was wrong, and that we should go back to the rule in Myers v. [read post]