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7 May 2018, 6:34 am
The Court of Appeals (Lynch, Lohier and Reiss [D.J.]) reinstates it. [read post]
17 Mar 2018, 4:42 pm
D.J. [read post]
25 Feb 2018, 8:38 am
Id. at *2. [read post]
4 Feb 2018, 4:11 pm
Id. at *1-*2. [read post]
12 Nov 2017, 10:28 am
Id. at *2. [read post]
11 Oct 2017, 6:01 am
To prevail in a public employee speech claim, the plaintiff must show (1) he spoke on a matter of public importance and (2) he spoke out as a citizen and not as an employee. [read post]
5 Oct 2017, 5:19 am
New York Board of Education, a summary order decided on October 2. [read post]
14 Aug 2017, 6:11 am
This is important for plaintiff because, as the Court of Appeals (Lynch, Cabranes and Matsumoto D.J.] points out, plaintiff may have a claim arising from her brief pregnancy-related termination, but the damages arising from that claim may be slight.Plaintiff claims constructive discharge in violation of Title VII because management made her working conditions so horrible that she had no choice but to resign. [read post]
13 Aug 2017, 10:36 am
Id. at *2. [read post]
1 Aug 2017, 6:41 am
The district court granted plaintiff summary judgment in this case on her due process case, and the Court of Appeals (Calabresi, Pooler and Vilardo [D.J.]) affirms.Judge Calabresi tees up the analysis like this:The facts relevant to this appeal are largely undisputed. [read post]
18 Jul 2017, 5:28 am
Citing the ministerial exception, the district court dismissed the case on summary judgment, and the Second Circuit (Sack, Lohier and Woods [D.J.]) affirms.Judge Sack provides a comprehensive overview of the ministerial exception, drawing from Supreme Court and other authorities in noting that the values promoted by Title VII of the Civil Rights Act of 1964 (prohibiting gender and other forms of employment discrimination) clash with the Free Exercise and Establishment Clauses of the First… [read post]
9 Jul 2017, 12:39 pm
Id. at *2. [read post]
7 Jul 2017, 5:54 am
§ 825.115(e)(2). [read post]
16 Jun 2017, 7:08 am
No. 103, slip op. at 2–3 (Apr. 26, 2013) (holding that reporting policy of unknown visitors in parking lot was lawful where rule was an employee safety policy). [read post]
30 Apr 2017, 8:15 pm
Players:Decision by Judge Callahan, joined by Judge Paez and D.J. [read post]
31 Mar 2017, 6:33 am
On the mental health claim, the Court (Cabranes, Wesley and Sessions [D.J.]) says:the Officers had arguable probable cause to remove Arroyo from her home pursuant to MHL § 9.41. [read post]
3 Mar 2017, 11:38 am
Ariz. 2016) (Campbell, D.J.) [read post]
12 Feb 2017, 1:12 pm
Id. at *2. [read post]
3 Jan 2017, 1:48 pm
., 2016 D.J. 12608 (2016), relating to California’s rest period obligations. [read post]