Justia Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

Employer can avoid disparate-impact liability based evidence that its test was valid

1 Jul 2009, 4:15 am

DeStefano et al.]NYPPL's summary of the Ricci v DeStefano decision by the United State Court of Appeals, Second Circuit, was captioned "The Merit System and public employment - does it have a future? [read post]

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

Under 18 U.S.C. § 1591, the term “commercial sex act” — defined as “any sex act, on account of which anything of value is given to or received by any person,” id. § 1591(e)(3) — doesn’t require that the “[]thing of value” have a monetary value; it can be something “intangible” that has a subjective value to the person receiving it. United States v. Raniere, Nos. 20-3520-cr(L), 20-3789-cr(Con), __ F.4th ____, 2022 WL 17543156 (2d Cir. Dec. 9, 2022) (C.J.J.’s Calabresi, Cabranes, and Sullivan).

14 Dec 2022, 8:46 am by Darrell Fields

United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Second Circuit reverses and remands an order of restitution, imposed under the Mandatory Victim’s Restitution Act of 1996 (“MVRA”) — 18 U.S.C. § 3663A(a)(2), (c) — because the Government failed to prove, by a preponderance, the proximate cause element: i.e., that the losses to the victims were foreseeable to the defendant in the course of committing the “offense of conviction.” United States v. Goodrich, No. 19-208, __F.4th__ , 2021 WL 3889801 (2d Cir. Sept. 1, 2021) (C.J.J. Calabresi, Pooler, Carney).

13 Sep 2021, 10:57 am by Darrell Fields

” United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

In a felon-in-possession case (18 U.S.C. § 922(g)), a person charged in a single count with possessing a firearm on two separate dates, during a six-day period, isn’t entitled to an instruction that the jury “must agree unanimously on a particular date or dates on which he possessed a firearm.” Rather, possession of a firearm “is a continuing offense,” so the jury only needs to find “unanimously that the defendant possessed the firearm at any point” during period of the alleged possession. United States v. Estevez, No. 17-4159-cr, 2020 WL 3022983 (June 5, 2020).

10 Jun 2020, 6:31 am by Darrell Fields

United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

Service of Suit Clause in Reinsurance Contract With Foreign Reinsurer Operates as a Waiver of the Reinsurerâ€™s Right to Remove a Lawsuit to Federal Court

25 Nov 2009, 6:54 am

Dinallo v. [read post]

The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/

New York City “Pay-to-Play” Law is Upheld

26 Jan 2012, 5:00 am by Doug Cornelius

Court of Appeals for the Second Circuit upheld a New York City “pay-to-play” law against various constitutional challenges: Ognibene v. [read post]

Compliance Building - http://www.compliancebuilding.com

Decision in Dissenting Limited Partner Case Directs Fair Value Hearing, Grants Discovery

16 Feb 2015, 11:12 am by Peter Mahler

The Merger Seven Pines Associates L.P. owns a 305-unit apartment building in Yonkers, New York. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

Second Circuit quantifies value of "professor emeritus" status

23 Oct 2006, 6:27 am

Zelnik sued under § 1983 alleging that FIT's retaliation violated his first and fourteenth amendment rights and rights under the New York State Constitution. [read post]

Cases and Materials on Business Entities - http://businessentitiesonline.typepad.com/new_developments/

Federal Judge Yanks Dentist's Libel Suit

22 Jan 2013, 5:56 am by Sheldon Toplitt

(Photo credit: Wikipedia)United States District Court for the Eastern District of New York Senior Judge Carol Amon last week dismissed a defamation claim against authorities, including former state Attorney General Eliot Spitzer, brought by a dentist acquitted of Medicaid fraud.The Reporters Committee for Freedom of the Press Web site (www.rcfp.org) reported on the case, Morse v. [read post]

The Unruly of Law - http://theunrulyoflaw.blogspot.com/

Former MLB Player: Easier to Win a World Series Than Get SSDI

15 Mar 2015, 9:03 pm

Anyone who has ever gone through the Social Security Disability claims process administered by the United States Social Security Administration (SSA) knows it can be a daunting task. [read post]

Massachusetts Social Security Disability Lawyers Blog - http://www.massachusettssocialsecuritydisabilitylawyersblog.com/

Silberman on U.S. Statutory Extraterritoriality and Rules versus Standards

11 Oct 2024, 12:00 am by Lawrence Solum

Linda Silberman (New York University School of Law) has posted Extraterritorial Reach of U.S. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Analysis of U.S. Supreme Court McCutcheon Majority Decision: Aggregate Political Contributions Found Unconstitutional

2 Apr 2014, 2:35 pm by George Ticoras, Esq.

The aggregate limits in Connecticut, Maine, Maryland, New York, Puerto Rico, Rhode Island, and Wyoming are now all in doubt. [read post]

Lobby Comply Blog - http://stateandfed.com/lobbycomply/

Sentencing Guidelines, Arbitrary Yet Relative

27 Aug 2012, 4:23 am by SHG

” United States v. [read post]