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5 Oct 2023, 6:05 am by Allan Blutstein
.) -- deciding that: (1) DOJ’s Office of Professional Responsibility failed to prove that it had responded to plaintiffs request before plaintiff filed suit, and that OPR improperly issued a Glomar response under Exemptions 6 and 7(C) in connection with plaintiffs request for misconduct records regarding certain law enforcement officers; (2) neither BOP nor plaintiff was entitled to summary judgment on question of… [read post]
26 Aug 2020, 6:41 am by Allan Blutstein
Ill.) -- denying in part plaintiffs motion for reconsideration of court’s summary judgment determination, and ordering hearing with respect to plaintiffs motion to hold U.S. [read post]
16 May 2023, 6:00 am by Public Employment Law Press
Notwithstanding this defect in the disciplinary procedure,* the appointing authority terminated Plaintiff's employment effective December 31, 2019.In response to Plaintiff's challenge to the appointing authority's action, Supreme Court concluded that the Board's determination was not arbitrary and transferred the matter to the Appellate Division.** The Appellate, noting that it is undisputed that "the hearing officer… [read post]
13 Dec 2017, 7:25 am by Docket Navigator
The court granted defendant's motion to compel the production of documents reviewed by plaintiff's "dual hat" expert that plaintiff withheld as privileged because plaintiff failed to establish a clear distinction between the expert's duties as both a consulting and testifying expert. [read post]
16 May 2023, 6:00 am by Public Employment Law Press
Notwithstanding this defect in the disciplinary procedure,* the appointing authority terminated Plaintiff's employment effective December 31, 2019.In response to Plaintiff's challenge to the appointing authority's action, Supreme Court concluded that the Board's determination was not arbitrary and transferred the matter to the Appellate Division.** The Appellate, noting that it is undisputed that "the hearing officer… [read post]
13 May 2015, 12:12 pm by emagraken
 Fernandes, not for litigation purposes at the instance of plaintiffs counsel. [read post]
15 Jul 2014, 4:10 am by Howard Friedman
Orange County School Board, (MD FL, July 3, 2014), a Florida federal district court dismissed as moot a complaint (see prior posting) that the Orange County, Florida school board refused to allow plaintiffs to distribute certain material critical of the Bible and religion under the school's limited public forum policy. [read post]
9 Aug 2016, 1:23 pm by Stephen Bilkis
On October 28, 2001, plaintiffs decedent, LM, fell in his apartment, which was located in the Narragansett Hotel, a residential hotel in New York City. [read post]
18 Dec 2020, 7:01 pm by Gregory B. Williams
December 17, 2020), the Court granted in part and denied in part Defendant Elysium Health’s Rule 12(b)(1) motion to dismiss Plaintiff ChromaDex’s patent infringement claims after finding that (1) ChromaDex lacked standing to allege that Elysium infringed the asserted patents after March 13, 2017 – the effective date of the Restated License Agreement; and (2) ChromaDex had standing to allege its infringement claims based on Elysium’s conduct… [read post]
22 Jun 2017, 5:23 am by Philip D. Lorio, IV
In the context of his claim under the Fair Labor Standards Act (“FLSA”) to recover unpaid wages for overtime worked during his employment, the district court granted summary judgment against the plaintiff, finding that he qualified as a seaman under the FLSA and was exempt from the Act’s overtime provisions. [read post]
30 Dec 2015, 7:53 am by Joy Waltemath
This was a serious mistake given the inadequacy of the plaintiffs allegation of disability discrimination, explained the appeals court. [read post]
9 Apr 2010, 6:03 am by Ashby Jones
That said, it’s hard to know if the plaintiffs will recover. [read post]
18 Jul 2018, 9:22 am by Reeves Law Firm
In a second appeal, the restaurant argued that the plaintiffs testimony was unreliable. [read post]