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11 Apr 2023, 6:00 am by Public Employment Law Press
Pursuant to CPLR 7511 (b) (1), a court may vacate an award when it violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on an arbitrator's power" (Matter of Czerwinski [New York State Dept. of Corr. [read post]
8 Apr 2023, 5:15 am by Nedim Malovic
In such a scenario, rightsholders must provide OCSSPs with the necessary information (Art. 17 (4), b). [read post]
6 Apr 2023, 7:05 am by Alex Phipps
Because there was no controlling opinion on the matter, the court engaged in a predictive exercise and held, “[b]ased upon our Supreme Court’s statement in Baymon, we conclude that it was not error for the trial court to allow expert testimony that [the victim] was not coached. [read post]
5 Apr 2023, 4:39 am by Russell Knight
R. 3.4(b) “[A]n attorney who procures false evidence, knowing it to be false, with the intention of deceiving the court and thus interfering with the due administration of justice, is … guilty of contempt of court. [read post]
4 Apr 2023, 2:20 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
31 Mar 2023, 5:01 am by Chile Eboe-Osuji
It bears emphasizing that the reason the 7-22 ILC Class must be designated as a separate class is because previous cohorts of the ILC consistently took a different view of international law on the matter. [read post]
29 Mar 2023, 12:00 pm by Eugene Volokh
Under New York law, "[a]n implied-in-fact contract requires such elements as consideration, mutual assent, legal capacity and legal subject matter. [read post]
29 Mar 2023, 11:06 am by Cynthia Marcotte Stamer
Corp, Case No. 3-27-2023 JJO-VSC, two Black workers, a married couple hired in January 2020 to work at PRC’s Reno, Nevada repair facility faced constant racial taunts and slurs, including the ‘n-word,’ from their supervisors, a brother and sister. [read post]
21 Mar 2023, 3:02 am by INFORRM
The ASA recently upheld eleven complaints against a digital billboard for cycle-ware which stated ‘FAT C*N’T… ACTUALLY, FAT CAN. [read post]
16 Mar 2023, 2:26 pm by Samuel Bray
If the court finds that a regulation on which the agency relied in rendering that decision is unlawful (and that its application was not harmless error, see National Ass'n of Home Builders v. [read post]
13 Mar 2023, 9:15 am by Eugene Volokh
In other words, the law, "deprives Plaintiffs of their right to communicate freely on matters of public concern" without state coercion. [read post]
13 Mar 2023, 8:08 am by Rebecca Tushnet
(By contrast, “[n]utritious, contains 3 grams of fiber,” “[b]est choice, contains 200 mg sodium,” and “[g]ood for you, contains 5 grams of fat,” would do so.) [read post]