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10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
8 May 2024, 6:16 pm by Michael Douglas
  This follows from Art. 1(1) CISG, the treaty’s key application provision: This Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State. [read post]
7 May 2024, 9:31 am by Daniel M. Kowalski
This is recognized in the State Department’s Foreign Affairs Manual (FAM) at 9 FAM § 402.1-3 , which states that an “applicant desiring to come to the United States for one principal purpose, and one or more incidental purposes, must be classified in accordance with the principal purpose. [read post]