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4 Jan 2019, 4:00 am by Public Employment Law Press
DeStefano appealed the Supreme Court's ruling to the Appellate Division.The Appellate Division, noting that as a matter of procedure Supreme Court should have transferred the proceeding to the Appellate Division but as the complete record "is now before this Court," held that it would treat the matter as one that has been transferred here and will review the determination de novo. [read post]
4 Jan 2019, 4:00 am by Public Employment Law Press
DeStefano appealed the Supreme Court's ruling to the Appellate Division.The Appellate Division, noting that as a matter of procedure Supreme Court should have transferred the proceeding to the Appellate Division but as the complete record "is now before this Court," held that it would treat the matter as one that has been transferred here and will review the determination de novo. [read post]
3 Jan 2019, 10:32 am by Richard M. Re
In Hyatt’s view, the board has forfeited its sovereign immunity argument, and in any event the Supreme Court’s latest ruling in this case resolved the matter for purposes of these parties. [read post]
3 Jan 2019, 10:16 am by Bob Ambrogi
” Although Louisiana has adopted the ABA Model Rules, it has not formally adopted the comments. [read post]
3 Jan 2019, 6:34 am
Securities and Exchange Commission (SEC) has adopted new rules that companies should consider as they prepare year-end reports and other filings. [read post]
2 Jan 2019, 8:28 pm by Richard Hunt
Courts in the 11th Circuit have adopted the theory that a website is covered by the ADA only if it has a nexus to a physical public accommodation. [read post]
2 Jan 2019, 6:21 am by Florian Mueller
And technology moved on (that's why new cellular communications standards were defined and, especially, adopted thereafter). [read post]
2 Jan 2019, 5:30 am by Peter A. Steinmeyer
The Illinois Appellate Court recently declined to adopt a bright line rule regarding the enforceability of five year non-competes or three year non-solicits, and instead directed courts to interpret the reasonableness of any such restrictive covenants on a case-by-case basis. [read post]
2 Jan 2019, 4:00 am by Malcolm Mercer
Lawyers employed by federal, provincial and municipal governments prosecute criminal, quasi-criminal and regulatory matters. [read post]
1 Jan 2019, 1:11 pm by Corynne McSherry
New technologies and services depend on the creation of multiple copies as a matter of course. [read post]
31 Dec 2018, 9:15 am by Erica Vaccarello
In this respect, Wally’s main argument was that the architect’s proposed features: i) were already common (being already adopted by Wally itself), ii) lacked original character and iii) were merely functional. [read post]
31 Dec 2018, 3:56 am by Peter Mahler
Matter of D’Errico (Epic Gymnastics, LLC), Decision & Order, Index No. 610084/2016 [Sup Ct Nassau County Aug. 21, 2018]. [read post]
30 Dec 2018, 3:03 am by Ben
But one of the requirements is that the ISP and other intermediaries to have "adopted and reasonably implemented … a policy that provides for the termination in appropriate circumstances of subscribers … who are repeat infringers. [read post]
29 Dec 2018, 8:55 am by Law Offices of Jeffrey S. Glassman
The law is not as clear in Maine, as the state’s highest court has not adopted the Luhrmann standard, and in fact a 2013 Maine Superior Court ruling rejected the standard in Campbell v. [read post]
28 Dec 2018, 4:14 pm by Arthur F. Coon
”  Its scope of review also encompassed the issues “whether a lead agency impermissibly defers mitigation measures when it retains the discretion to substitute later adopted measures in place of those proposed in the EIR, and whether a lead agency may adopt mitigation measures that do not reduce a project’s significant and unavoidable impacts to a less-than significant level. [read post]
28 Dec 2018, 3:00 am by Daniel E. Cummins
Super. 2011), affirmed by an equally divided court, 106 A.3d 705 (Pa. 2014), which dealt with the admissibility and authentication of cell phone text messages.It can be expected that a similar ruling will also be handed down in the context of a civil litigation matter should that issue come before the trial or appellate courts.In terms of social media discovery decisions, in Kelter v. [read post]