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19 Sep 2008, 12:05 pm
Rather, in each case the court must undertake an analysis that centers on the authority under which the entity was created, the power distribution or sharing model under which it exists, the nature of its role, the power it possesses and under which it purports to act, and a realistic appraisal of its functional relationship to affected parties and constituencies' (Matter of Smith v City Univ. of NY, 92 NY2d 707, 713 [1999])" (Perez, 5 NY3d at 528; see Snyder v Third Dept. [read post]
12 Sep 2008, 10:11 pm
The premium for the percentage of the lease does not bring about any greater or other interest in the property. [read post]
28 Aug 2008, 5:01 pm
Grasso expensed over the period of 2000-2002 equaled slightly less than 100 percent of the New York Stock Exchange’s (NYSE) net income over this same period. [read post]
18 Aug 2008, 8:02 am
These factors are used in the analysis of collateral estoppel: (1) Whether the issue decided in the prior adjudication was identical with the issue presented in the present action; (2) whether the prior adjudication resulted in a judgment on the merits; (3) whether the party against whom the collateral estoppel is asserted was a party or in privity with a party to the prior adjudication; and (4) whether the party against whom collateral estoppel is… [read post]
14 Aug 2008, 12:30 pm
 Under CAFA, federal subject matter jurisdiction exists over class action where: (1) proposed class has more than 100 members, (2) the aggregated claims of class members exceed five million dollars, and (3) any member of the class of plaintiffs is a citizen of a different state from any defendant. [read post]
11 Aug 2008, 3:14 pm
 Finally, in an effort to strengthen states’ abilities to address fraudulent or inappropriate marketing of plans, effective for plan years beginning on or after January 1, 2009, MIPPA requires plans to: use only agents and brokers licensed under state law; abide by state appointment laws; report any agent terminations to the state; and comply with state requests for information regarding the performance of agents, brokers, and other third parties… [read post]
5 Aug 2008, 3:47 pm
Operations in China A Live 100-Minute CPE & CLE Teleconference with Interactive Q&A Speakers: Peng Tao, Of Counsel, DLA Piper, New York. [read post]
31 Jul 2008, 2:51 pm
More than a convention, it is a compulsion created by Article 100(1) to have a Speaker who supports the survival of the Government. [read post]
30 Jul 2008, 8:21 am
Numerous benefits are governed by federal law, which does not recognize same-sex marriages performed anywhere. [read post]
28 Jul 2008, 10:08 am
The International Covenant on Civil and Political Rights (ICCPR), to which the U.S. is a party, does not categorically prohibit administrative detention, but does prohibit arbitrary detention and provides for a mechanism, akin to habeas corpus, to remedy it.Anytime one mentions the ICCPR in connection with U.S. terrorism detention policy, it is first necessary to dismiss two patently incorrect U.S. positions. [read post]
27 Jul 2008, 12:24 am
The ESA does not permit jeopardy to a listed species to be considerably increased during a BiOp reconsultation. [read post]
22 Jul 2008, 7:20 am
I offered two observations: (1) Lieberman has done nothing on matters of policy to advance anything that might be called a "Lieberman agenda," which I would have thought a public-spirited career public servant (and former presidential aspirant) would want to do if freed from the purgatory of being "just one vote out of 100" in the Senate; and (2) Since Lieberman seems not to have a unique policy agenda, his decision to run as an independent in 2006 against the… [read post]
17 Jul 2008, 9:17 am by Phil
So, really, the employer is paying the arbitrator’s fees in 100% of cases to avoid less than one-half of 1% of the cases that might possibly result in a runaway jury verdict. [read post]
16 Jul 2008, 9:55 am
The Court then summarizes the arguments put forward by the Parties during the public hearings held on 19 and 20 June 2008. [read post]