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3 Aug 2023, 4:17 am
" Citing Matter of Gulotta v New York State Thruway Auth., 174 AD3d 1205, the majority of the court, Lynch, J. dissenting, opined that the penalty of termination "is so disproportionate to the offense and shockingly unfair as to constitute an abuse of discretion as a matter of law" under the circumstances. [read post]
3 Aug 2023, 4:17 am
" Citing Matter of Gulotta v New York State Thruway Auth., 174 AD3d 1205, the majority of the court, Lynch, J. dissenting, opined that the penalty of termination "is so disproportionate to the offense and shockingly unfair as to constitute an abuse of discretion as a matter of law" under the circumstances. [read post]
3 Aug 2023, 4:12 am
An oath is in Regulation 1(1):“I swear that the contents of this declaration are true, so help me God” An affirmation is in Regulation 1(2):“I truly affirm that the contents of this declaration are true”. [read post]
3 Aug 2023, 4:00 am
* * *So much for textualism. [read post]
3 Aug 2023, 1:01 am
West v. [read post]
2 Aug 2023, 9:33 pm
Sissel v. [read post]
2 Aug 2023, 9:01 pm
EPA and Biden v. [read post]
2 Aug 2023, 6:22 pm
I said that knowing full well that I still needed to write this post summarizing Target Corp. v. [read post]
2 Aug 2023, 11:46 am
If California wishes to re-establish this rule, the Ninth Circuit had made it clear that the Legislature must do so across the board. [read post]
2 Aug 2023, 11:14 am
[1] Colo v. [read post]
2 Aug 2023, 10:39 am
The two main reasons for doing so, said the court, were, first, that Delaware precedent has not endorsed or applied the declining-percentage method. [read post]
2 Aug 2023, 10:22 am
In Kinsella v. [read post]
2 Aug 2023, 9:32 am
So how do state court appellate judges solve this problem? [read post]
2 Aug 2023, 8:48 am
Flexible working requests must (i) be in writing, (ii) be dated, (iii) state that it is a statutory request, (iv) specify the change sought and when the employee wants it to take effect, (v) explain what impact the change would have on the employer and how it could be dealt with and (vi) state whether a previous application has been made and when. [read post]
2 Aug 2023, 8:34 am
In Burrow-Giles Lithographic Co. v. [read post]
2 Aug 2023, 7:45 am
What states cannot do is fail to meet the federal targets entirely, which is why the stringency of the draft rule is so critical to ensuring the entire county rapidly decarbonizes. [read post]
2 Aug 2023, 6:00 am
Physiotherapist provides services to long-term care homes In Arvan Rehab Group Inc. v. [read post]
2 Aug 2023, 6:00 am
Physiotherapist provides services to long-term care homes In Arvan Rehab Group Inc. v. [read post]
2 Aug 2023, 5:01 am
Their failure to do so takes on pressing importance in the face of proliferating, politically motivated defamation lawsuits and of calls to overrule New York Times v. [read post]
2 Aug 2023, 5:00 am
In the case of Kunsman v. [read post]