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19 Aug 2020, 4:00 am by Public Employment Law Press
In the words of the court: "While retaliation claims alleging an adverse employment action because of a complaint of discrimination are actionable under 42 USC §1983 [Plaintiff] has no employment relationship with the Town and the statute does not apply in this context.The bottom line: the Appellate Division agreed with Supreme Court's decisions [1] denying Plaintiff's motion for summary judgment on Plaintiff's complaint, and [2] granting the Town's… [read post]
14 Jan 2013, 7:44 am by Second Circuit Civil Rights Blog
Society does not know what to do about mass shootings, but we can all agree that guns are dangerous. [read post]
30 Jan 2024, 9:33 am by Rebecca Tushnet
Kroger Co., No. 21-cv-08004-RS, 2022 WL 888657, at *2 (N.D. [read post]
11 Dec 2013, 7:43 pm
Accordingly, every person subjected to a custodial interrogation must be warned that he (1) has a right to remain silent; (2) any statement he makes can be used as evidence against him; (3) that he has a right to consult with an attorney and that if he cannot afford one one will be appointed; and (4) that if he does choose to speak, that he has a right to stop questioning at any time. [read post]
17 Oct 2008, 2:34 pm
Hofsheier (2006) 37 Cal.4th 1185 does not apply to defendants who exhausted their appeals before that case was decided. [read post]
14 May 2011, 7:15 am by David Oscar Markus
Among the targeted shops: Mushroom Novelty & Gifts, Hip Hop Gift Shop and Rainbow 7 in Miami-Dade, as well as head-shop operators at the Oakland Park Flea Market in Broward.2. [read post]
12 May 2008, 6:06 pm
Moreover, Insurance Law § 3420(d) does not apply to out-of-state accidents (see Matter of Transportation Ins. [read post]
3 Jun 2010, 5:30 am
 And if such an argument is made, § 1447(c) does not remove the defendant’s burden to show that subject matter jurisdiction exists. [read post]
18 Jan 2024, 7:48 am by Alex Phipps
The Court of Appeals majority agreed regarding (1), vacating defendant’s CCE conviction, but upheld the conspiracy to traffic methamphetamine conviction in (2). [read post]
18 Mar 2013, 11:00 am by Katherine Gallo
§2032.220 (pdf), which states: (a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. (2) The examination is conducted at a location within 75 miles of the residence of the examinee. [read post]
14 Dec 2013, 8:39 pm by Daniel Richardson
”However, officer #2 went back to Defendant’s apartment. [read post]
8 May 2021, 6:29 am by Westendorf & Khalaf, PLLC
What does this all mean for us schmucks schlepping it in the criminal courts everyday? [read post]
8 May 2021, 6:29 am by Westendorf & Khalaf, PLLC
What does this all mean for us schmucks schlepping it in the criminal courts everyday? [read post]
22 Jul 2006, 4:50 pm by The Owens Law Firm, P.L.L.C.
This rule does not apply if a trial court merely substitutes a court-appointed attorney to represent a defendant at a particular hearing, the defendant agrees to the substitution, and the original attorney does not object. [read post]