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1 Dec 2017, 4:00 am by Public Employment Law Press
The Appellate Division sustained the lower courts ruling, explaining that judicial review of an arbitrator's award is extremely limited and the party seeking to vacate an arbitration award "bears a heavy burden[,]' and must establish a ground for vacatur by clear and convincing evidence. [read post]
13 Jul 2015, 3:05 am
[Follow him on Twitter: @BillMcGev.]Abstract: In the two decades since the Supreme Court protected a crude rap spoof from copyright liability in Campbell v. [read post]
4 Aug 2017, 10:00 pm
The Supreme Court recently released its opinion in Foster v North American Bus Industries, Inc. in which it reversed the trial court’s summary judgment in favor of the employer on a retaliatory discharge claim. [read post]
20 Jun 2019, 5:00 am
 Since there was no direct evidence copying had taken place, the judge followed the leading authority Designers Guild, which stated that if the claimant demonstrates sufficient similarity and the defendant had prior access to the claimant’s work, the burden of proof passes to the defendant to satisfy the judge that the similarities did not result from copying. [read post]