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16 Mar 2011, 11:50 am
In a matter of first impression, the First District Appellate Court of Appeals recently decided that an expert doctor's written medical report prepared pursuant to medical malpractice case, the plaintiff must establish the standards of care against which the physician conduct is measured by the use of expert testimony. 940 N.E. 2d at 7. [read post]
9 May 2022, 5:05 am by Public Employment Law Press
The Appellate Division, noting that a writ of mandamus "is available to compel a governmental entity or officer to perform a ministerial duty, explained that the writ "does not lie to compel an act which involves an exercise of judgment or discretion" and citing Matter of Brusco v Braun, 84 NY2d 674, explained that such a writ is "an extraordinary remedy that is available only in limited circumstances. [read post]
20 Oct 2021, 3:00 am by Public Employment Law Press
Citing Matter of Verma v Department of Educ. of the City of N.Y., 192 AD3d 616, the Appellate Division observed that "a probationary employee may be terminated without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith. [read post]
9 Jun 2023, 7:01 am
What does that say to the people like me who, no matter what they did, would still be on the heavier end of the spectrum? [read post]
24 Apr 2019, 1:09 pm by Elliot Harmon
If the NSA knows that you called a suicide hotline at 1:00 in the morning, does it matter that the agency doesn’t have the contents of that call? [read post]
3 Jun 2020, 4:00 am by Public Employment Law Press
Finding that the penalty imposed, dismissal, was disproportionate to Plaintiff's offense, Supreme Court vacated the penalty set in the arbitration award and remanding the matter to DOE to provide for a hearing before a different arbitrator, who would then issue a new penalty determination. [read post]
9 May 2022, 5:05 am by Public Employment Law Press
The Appellate Division, noting that a writ of mandamus "is available to compel a governmental entity or officer to perform a ministerial duty, explained that the writ "does not lie to compel an act which involves an exercise of judgment or discretion" and citing Matter of Brusco v Braun, 84 NY2d 674, explained that such a writ is "an extraordinary remedy that is available only in limited circumstances. [read post]
21 Aug 2014, 5:00 am by J Robert Brown Jr.
First, it does not put adequate emphasis on the Exchange Act. [read post]
12 Feb 2019, 4:29 am by Andrew Koppelman
  Kontorovich writes:  “the act of boycotting Israelis does not in itself express any particular political viewpoint. [read post]
25 Jan 2013, 9:53 am by Florian Mueller
Unlike U.S. federal courts, the ITC does not allow defendants to raise counterclaims, and it does not consolidate investigations of cross-complaints (though it does consolidate investigations in which different defendants have to defend themselves against the same patents).Either party is asserting standard-essential patents (SEPs) and non-SEPs in this dispute. [read post]
30 Aug 2013, 10:49 am
When you seek to modify a mediated settlement agreement that is an original determination of parent-child relationship matters, does a trial court have to enter an order that meets the terms of the mediated agreement? [read post]
18 Feb 2013, 8:06 am by Grant
 The judge in the divorce matter rejected the stipulation because there was no Stepfather at that time, and because a relinquishment in District Court is only enforceable in conjunction with an adoption. [read post]
20 Oct 2021, 3:00 am by Public Employment Law Press
Citing Matter of Verma v Department of Educ. of the City of N.Y., 192 AD3d 616, the Appellate Division observed that "a probationary employee may be terminated without a hearing for any reason or no reason at all, as long as the dismissal was not unlawful or in bad faith. [read post]
2 May 2024, 6:58 am by Second Circuit Civil Rights Blog
While his written job duties did not compel him to report this misconduct, that does not matter. [read post]
1 Oct 2017, 11:32 am by Charles (Chuck) Rubin
The court indicated that the bail bond forfeiture was not part of the conviction but related to a violation of a civil contractual agreement – that is, it was a civil matter and nota criminal matter. [read post]
9 May 2022, 5:05 am by Public Employment Law Press
The Appellate Division, noting that a writ of mandamus "is available to compel a governmental entity or officer to perform a ministerial duty, explained that the writ "does not lie to compel an act which involves an exercise of judgment or discretion" and citing Matter of Brusco v Braun, 84 NY2d 674, explained that such a writ is "an extraordinary remedy that is available only in limited circumstances. [read post]
18 Jun 2015, 8:56 am by Howard Friedman
"  It emphasizes:Innocent motives do not eliminate the danger of censorship presented by a facially content-based statute, as future government officials may one day wield such statutes to suppress disfavored speech.It added:a speech regulation targeted at specific subject matter is content based even if it does not discriminate among viewpoints within that subject matter.Justice Alito, joined by Justices Kennedy and Sotomayor, filed a short concurring opinion setting out… [read post]