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21 May 2021, 4:00 am
Citing Newsday Inc. v Long Island Typographical Union No. 915, CWA, AFL-CIO, 915 F2d at 844-845, the Appellate Division noted that the United States Court of Appeals, Second Circuit, held that an arbitral award was properly vacated under the public policy exception where an arbitrator reinstated a terminated employee who had engaged in multiple acts of sexual harassment. [read post]
20 May 2021, 9:03 pm
FLASHBACK FRIDAY In an essay in The Regulatory Review, Alexandra B. [read post]
20 May 2021, 12:07 pm
These principles will also be applied by the Enlarged Board in its current composition:a. the right to object to a judge for reasons of suspicion of partiality is meant to prevent judges from being influenced in their decision-making "be it deliberately or inadvertently" by extraneous considerations, prejudices and predilections, i.e. by considerations other than the arguments they consider factually and legally relevant for the case under consideration;b. justice must not only be… [read post]
20 May 2021, 10:38 am
State v. [read post]
19 May 2021, 10:14 pm
See Okpalobi v. [read post]
19 May 2021, 2:52 pm
Per the memorandum of understanding, the TSC serves as the clearinghouse for information gathered by the FBI, the Department of State, the Department of Homeland Security (DHS), the intelligence community, and other federal and state law enforcement agencies for the TSDB. [read post]
19 May 2021, 11:21 am
Mass. 1975) (3-judge court), and the one decision cited in that case, State v. [read post]
18 May 2021, 3:17 pm
The post Masimo v. [read post]
18 May 2021, 2:22 pm
At that point, the district court can (a) agree that the federal court has jurisdiction or (b) remand the case to the state court. [read post]
18 May 2021, 1:34 pm
David B. [read post]
18 May 2021, 10:25 am
Over 30 states now apply the ABC test. [read post]
18 May 2021, 7:36 am
Richard B. [read post]
18 May 2021, 7:29 am
The most analogous prior decision by the Court is Yamaha Motor Corporation, U.S.A. v. [read post]
18 May 2021, 7:29 am
§ 1349(b)), the admiralty jurisdiction statute (28 U.S.C. [read post]
18 May 2021, 5:56 am
In Bishop v. [read post]
18 May 2021, 5:01 am
Targeting, however, is constrained by specific limitations included by Congress that prohibit targeting anyone known to be in the United States; prohibit targeting any U.S. person located outside the United States; prohibit targeting someone outside the United States for the purpose of targeting a particular, known person in this country; prohibit the intentional acquisition of any communication where all participants are located in the United States at the time… [read post]
18 May 2021, 4:02 am
Another American court in G & A Family Enterprises, LLC d/b/a Smokin’ Pig BBQ & Others v American Family Insurance Company 1: 20-CV-03912-JPB has held that State-imposed Covid-19 restrictions do not qualify as a “direct physical loss” under the insurance policy held by the insureds. [read post]
17 May 2021, 10:01 pm
Trucking Ass’n v. [read post]
17 May 2021, 8:31 am
Convention, art. 13(b). [read post]
17 May 2021, 4:38 am
Years later, Capizzi took the opposite position he took and lost in the first litigation, arguing that he was a true equity / general partner of the firm, and that his unilateral withdrawal from the firm caused its dissolution under Partnership Law § 62 (1) (b). [read post]
