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Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an injury which… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Setting aside a decision denying an application for accidental disability retirement benefits resulting from a "tie vote"

5 Mar 2024, 6:00 am by Public Employment Law Press

Citing Matter Doorley v Kelly, 106 AD3d 554, the Appellate Division observed that a tie vote by the Trustees may only be set aside on judicial review if the court concludes that the applicant is entitled to the increased benefits as a matter of law based on the record because "the disability was the natural and proximate result of a service-related accident".The court further opined that not every line of duty injury will support an award of ADR, as "an injury which… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Trademark case: Punchbowl, Inc. v. AJ Press, LLC, USA

5 Mar 2024, 5:30 am by Matthew Hersh (Wolters Kluwer Legal & Regulatory)

But the court, in adopting an expansive reading of a recent Supreme Court precedent, cautioned that the news publication might have a strong defense on the likelihood of confusion analysis (Punchbowl, Inc. v. [read post]

KluwerTrademarkBlog - http://trademarkblog.kluweriplaw.com/

Nine Justices in Search of an Excuse to Nullify Section 3 of the 14th Amendment

5 Mar 2024, 4:00 am by Michael C. Dorf

I was not surprised by the outcome or even the unanimity of the result in Trump v. [read post]

Dorf on Law - http://www.dorfonlaw.org/

Stockholders Agreements: Chancery Voids Terms that Tred on Board’s Statutory Authority

5 Mar 2024, 3:00 am by Meredith Ervine

That’s why the Delaware Chancery Court’s recent decision in West Palm Beach Firefighters v. [read post]

TheCorporateCounsel.net Blog - http://www.thecorporatecounsel.net/Blog/

Website operator not liable under Wiretap Act for allowing Meta to intercept visitor communications

4 Mar 2024, 11:00 pm by Evan Brown

B.K. v. [read post]

Internet Cases - http://blog.internetcases.com

Blog Post: Blast from the Recent Past: Check out the 2023 Key Legal Development Tracker

4 Mar 2024, 10:00 pm by Sherica Celine

See NLRB v. [read post]

Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/

Blog Post: Are You Protected by the Bankruptcy Code’s Safe Harbor Provisions?

4 Mar 2024, 10:00 pm by Sherica Celine

DIP Financing Key Terms Tracker State Law Comparison Tool for ABCs Mega Chapter 11 Filings Tracker Subchapter V Decision Tracker Generative Artificial Intelligence (AI) Resource Kit is a frequently updated collection of current Practical Guidance materials on generative AI, ChatGPT, and similar tools. [read post]

Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/

Ropes & Gray Discusses Supreme Court Ruling on SOX Retaliation Claims

4 Mar 2024, 9:01 pm by renholding

The decision in Murray v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Got Remote Workers? Supreme Court of Ohio Upholds Pandemic Rule for Municipality Tax

4 Mar 2024, 7:29 pm by Taylor A.F. Wolff and Robert P. Merten III

The case is Schaad v. [read post]

SeeSALT Blog - https://seesalt.pillsburylaw.com/

The 10 Year Old Witness; An Adventure in Anxiety

4 Mar 2024, 6:05 pm by Mark Ashton

But the very same law, in its statutory form discusses the capacity of the child to offer an “intelligent decision. [read post]