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11 Dec 2008, 12:10 pm
Employer has the burden of proof that a disability prevents the employee from reasonably performing the functions and duties of the positionMatter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 09517, Decided on December 4, 2008, Appellate Division, ThirdNew York State Correction Officer Edward J. [read post]
12 Jan 2018, 3:47 am by Andrew Lavoott Bluestone
Bank & Trust Co., 5 NY3d 582, 594 [2005] [assumption of duty by underwriter or issuer of securities]; Applewhite v Accuhealth, Inc., 21 NY3d 420, 430-431, 434 [2013] [assumption of special duty by a municipality in a negligence claim]; Palka v Servicemaster Mgt. [read post]
24 Apr 2008, 9:00 am
District Court opinion rendered last month in McFarland v. [read post]
2 Jul 2014, 7:51 am by MBettman
Procedural Posture Granger filed suit against Auto-Owners in state court, alleging that the insurer violated its duty to defend under the umbrella policy. [read post]
7 Apr 2019, 2:32 pm by Giles Peaker
R (OAO Harris) v London Borough of Islington. [read post]
10 Jun 2018, 4:23 pm by Giles Peaker
As Collins J said in R v Newham LBC ex parte Begum the court will not unreasonably enforce the duty. [read post]
17 Oct 2009, 2:30 am
One of those two employees was unsure if the person underneath was a man or a woman, according to the court documents.The case used to illustrate the doctrine in my torts casebook was Yania v. [read post]
30 Jan 2017, 4:36 pm by Kenneth Vercammen Esq. Edison
Medical expenses can be deducted in the inheritance tax.Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. [read post]
8 Jan 2016, 11:41 am by Kenneth Vercammen Esq. Edison
Medical expenses can be deducted in the inheritance tax.Under United States Supreme Court Case, Tulsa Professional Collection Services, Inc., v. [read post]
14 Feb 2009, 5:00 am
  The difference in the state and federal approach to materiality is outlined in Speaking With Complete Candor: Shareholder Ratification and the Elimination of the Duty of Loyalty. [read post]
7 May 2013, 4:00 am by Malcolm Mercer
Neil, Justice Binnie stated that the duty of candour was an aspect of the duty of loyalty. [read post]