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7 Nov 2014, 7:02 am by The Public Employment Law Press
Recent ruling by the Appellate Division concerning alleged unlawful discriminationBrowne v Board of Educ, 2014 NY Slip Op 07465, Appellate Division, Second DepartmentMatter of Katz (Commissioner of Labor), 2014 NY Slip Op 07556, Appellate Division, Third DepartmentThe Browne decision:This decision by the Appellate Division illustrates the shifting of a party’s “burden of going forward” in litigating a complaint alleging unlawful discrimination.Robert… [read post]
6 Nov 2014, 1:42 pm by Lorene Park
A federal court in North Carolina refused to dismiss their class action under the FCRA, which alleged that Lowe’s routinely used consumer reports, but failed to provide copies or notice of the reports before taking an adverse employment action (Brown v Lowe’s Companies, Inc). [read post]
6 Nov 2014, 8:27 am by Venkat Balasubramani
"] Other aspects of the dispute that had intersting and recurring social media tweaks: other public employee cases have raised the similar issue of whether the employee was speaking as a citizen or an employee; the law is employer-favorable, but I would not be surprised to see an appeals court give her another chance (this aspect of the dispute vaguely reminds me of Bland v. [read post]
5 Nov 2014, 11:06 am by Benjamin Bissell
Orin Kerr linked to the audio in Klayman v. [read post]
5 Nov 2014, 9:27 am by Wells Bennett
At any rate, the burden is on the plaintiffs, under the Amnesty v. [read post]
2 Nov 2014, 4:06 pm by INFORRM
In the case of Brown v Random House ([2014] NSWSC 1505) McCallum J dismissed an attempt to strike out the pleaded imputations in case brought by a person who was mistakenly identified as a business associate of disgraced former Labor powerbroker Eddie Obeid in the bestselling anti-corruption expose He Who Must Be Obeid. [read post]
30 Oct 2014, 9:27 pm
Friday the Supreme Court is scheduled to consider the petition for certiorari in King v. [read post]
29 Oct 2014, 3:41 pm
Nor had the Supreme Court yet ruled in United State v. [read post]