Search for: "Supreme Court of the State of New York Second Judicial Department"
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19 Jan 2017, 4:44 am
Department of Defense, which asks whether challenges to the Environmental Protection Agency’s definition of the “waters of the United States” must be brought in federal district court or in a federal court of appeals, observing that the “Supreme Court has likely stepped in to resolve this dispute because it is a waste of judicial resources for federal courts of appeals to decide whether WOTUS regulations… [read post]
4 Jan 2017, 7:53 am
New York high court: The manufacturer used an unfair formula to calculate the dealer’s sales (relative to other dealers’). [read post]
29 Dec 2016, 2:18 pm
In doing so, the New Jersey Supreme Court limited application of its decision in Cooper v. [read post]
26 Dec 2016, 4:30 am
Without the Supreme Court taking up the case, a federal appeals court ruling from October, which found that the book-scanning program fell under the umbrella of fair use, stood. [read post]
26 Dec 2016, 3:34 am
IE Test, LLC v Carroll, 2016 WL 4086260 [NJ Sup Ct Aug. 2, 2016], an important ruling by the New Jersey Supreme Court in which it reversed the lower court’s judicial expulsion of an LLC member under a narrowed construction of that state’s enabling statute mirroring the Revised Uniform LLC Act’s expulsion provision. [read post]
23 Dec 2016, 5:43 am
In a thoughtful opinion, the Supreme Court of Nevada soundly rejected the blue-pencil doctrine (a judicially-created doctrine of equity used to modify or rewrite overbroad non-compete agreements). [read post]
13 Nov 2016, 5:46 pm
Supreme Court. [read post]
8 Nov 2016, 9:23 am
Supreme Court case, Goss v. [read post]
7 Nov 2016, 7:22 pm
It appears that the Weiner laptop computer came to be in the FBI’s possession when, on October 3, 2016, New York FBI agents executed a search warrant to obtain Weiner’s iPhone, an iPad and the laptop. [read post]
7 Nov 2016, 7:30 am
Second, two justices on the Supreme Court have said that this needed to be looked at. [read post]
23 Oct 2016, 3:54 pm
Thus, for example, Article III, Section 1 establishes the judicial branch — with the judicial power vested not just in “one supreme Court” but dispersed throughout “such inferior Courts as the Congress may from time to time ordain and establish. [read post]
6 Sep 2016, 9:50 am
” In Caetano, the Massachusetts Supreme Judicial Court lost the plot. [read post]
6 Sep 2016, 2:59 am
(She is from New York City. [read post]
14 Jul 2016, 4:00 am
New York State’s Human Rights Law does not protect an employee from all retaliation, only from retaliation that results in an injury or harmNapierala v New York State Div. of Human Rights, 2016 NY Slip Op 04832, Appellate Division, Fourth DepartmentLisa Napierala challenged New York State Division of Human Rights’ [SDHR] determination of "no probable cause" with respect to her complaint that Erie… [read post]
12 Jul 2016, 5:00 am
Attorney for the Southern District of New York, said in the Southern District’s view, Newman was wrongly decided and inconsistent with Supreme Court precedent. [read post]
8 Jul 2016, 4:00 am
Second, if no such prohibition is found to exist, the court must determine if the parties did, in fact, agreed to arbitrate the particular dispute by examining the provisions of the relevant collective bargaining agreement.The City had contended that the staffing provision in the CBA constituted a job security provision** and job security provisions are not arbitrable as a matter of public policy.The Appellate Division, however, rejected the City’s public policy argument,… [read post]
24 Jun 2016, 8:28 am
The framework left no room for good news like Supreme Court intervention. [read post]
21 Jun 2016, 4:00 am
As no application to the Appellate Division to remove Clerk from her office had been made as mandated by Public Officers Law §36, the Appellate Division granted Clerk’s petition to the extent that Village’s action was annulled and the matter remitted to the Supreme Court to determine the appropriate remedy.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_04420.htm_______________The Discipline Book - A 458 page guide… [read post]
17 Jun 2016, 12:00 pm
Last time we wound up with three separate opinions and a mention in The New York Times. [read post]
16 Jun 2016, 10:24 am
The former longtime Supreme Court beat reporter for The New York Times, who is now a lecturer at Yale Law School and a Times columnist, is in town to promote her new book, The Burger Court and the Rise of the Judicial Right, written with Michael J. [read post]
