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21 Mar 2011, 7:19 am by James Bickford
United States and Tolentino v. [read post]
17 Jul 2011, 7:19 am by Will Aitchison
More evidence that courts are tightening up on multi-state FLSA collective actions comes from Vasquez v. [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
19 Mar 2012, 10:50 am by Walter Olson
The controversy invites courts to revisit some issues of statistical and indirect proof that came up, without necessarily being resolved, in the landmark Supreme Court case of Wal-Mart v. [read post]
8 Apr 2011, 7:44 am by Kiran Bhat
In the Bergen Record, law professor Penny Venetis argues that Wal-Mart v. [read post]
22 Feb 2015, 8:53 am
Council 82, AFSCME, AFL-CIO v Cuomo, 64 NY2d 233, 240 [1984]; Matter of Adirondack Council, Inc. v Adirondack Park Agency, 92 AD3d 188, 191 [2012]; Matter of Wal-Mart Stores v Campbell, 238 AD2d 831, 832-833 [1997]). [read post]