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27 Mar 2015, 8:29 am by Emily Dorotheou, Olswang LLP
” [9] The Court also noted that the English courts (in subsequent cases such as Pearce v United Bristol Healthcare NHS Trust and Chester v Afshar) had quietly ceased to follow Sidaway‘s adoption of the Bolam test. [read post]
8 Feb 2017, 6:30 am by Tom Pritchard
Contractual interpretation has long been in tension between the magnetism of literal interpretation and business efficacy; the decision that is handed down following yesterday’s hearing should add a new chapter to that debate. [read post]
14 Dec 2022, 10:15 am by Jonathan H. Adler
Court of Appeals for the Sixth Circuit denied Ohio State University's petition for rehearing en banc in Snyder-Hill v. [read post]
26 Feb 2023, 4:00 am by jonathanturley
” It conditionally criminalized aiding or abetting most abortions if the United States Supreme Court later overruled Roe v. [read post]
10 Jun 2009, 7:20 am
On the one hand, it is not surprising that the Court avoided the "active participation" test that the Second Circuit applied in Eisenstein. [read post]
3 Aug 2018, 4:00 am by Public Employment Law Press
Courts in New York State have consistently recognized the importance of using progressive discipline.Rulings by the New York State Supreme Court, the Appellate Division of the Supreme Court, and the Court of Appeals, New York State’s highest court, suggest an employer’s in assigning severe penalties for certain “first offenses” may not survive judicial review. [read post]