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Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement
24 May 2024, 6:00 am by Public Employment Law Press
Stated differently, an accident is "a sudden, unexpected event that was not a risk inherent in the work performed" (Matter of Kowal v DiNapoli, 30 NY3d 1124, 1125 [2018]; Matter of Kelly v DiNapoli, 30 NY3d 674, 678, 682, 684-685 [2018]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Recent Litigation Offers Guidance for Employers Amid Ongoing DEI Backlash
24 May 2024, 2:01 am by H. Juanita Beecher, FortneyScott
In Duvall v. [read post]
Human Resources News - https://hrdailyadvisor.blr.com/
Recent Litigation Offers Guidance for Employers Amid Ongoing DEI Backlash
24 May 2024, 2:01 am by H. Juanita Beecher, FortneyScott
In Duvall v. [read post]
Diversity Insight - http://hrdailyadvisor.blr.com/category/diversity-insight/
New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment
23 May 2024, 6:00 am by Public Employment Law Press
Rosenbluth, for appellant New York State Workers Compensation Board. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment
23 May 2024, 6:00 am by Public Employment Law Press
Rosenbluth, for appellant New York State Workers Compensation Board. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
UK dispatch: Joint Committee on Human Rights hears expert evidence on recent ECtHR climate change judgments
22 May 2024, 10:48 am by Elisabeth Driscoll | U. Bristol Law School, GB
Particularly of note was the 2024 Veirein KlimaSeniorinnen Schweiz and Others v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
How much worse will extreme heat get by 2050? New report outlines worrisome future
22 May 2024, 4:00 am by Yosi Yahoudai
Lack of tree canopy, lack of air conditioning at home or work and inefficient infrastructure can also play a part, said V. [read post]
J&Y Personal Injury Blog - https://jnylaw.com/blog/
Ropes & Gray Discusses Labor Department’s Final Fiduciary Rule
21 May 2024, 9:01 pm by renholding
That said, the risk of providing inadvertent fiduciary advice can be lowered by making it clear that advice is being addressed to a counterparty in its general capacity, and not in its capacity as a retirement investor with respect to a particular plan or IRA. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
Can an Automobile Exclusion Have Multiple Meanings?
21 May 2024, 1:15 pm by Tobin Admin
Presiding Judge Anne Elizabeth Barnes of the Georgia Court of Appeals wrote that under state law, insurance companies are generally free to set the terms of their policies as they see fit so long as they do not violate the law or judicially cognizable public policy,” and “a carrier may agree to insure against certain risks while declining to insure against others. [read post]
Tobin Injury Law Blog - https://www.tobininjurylaw.com/blog/
Generative AI in USPTO Practice: Key Considerations Under the USPTO’s New Guidance
21 May 2024, 12:21 pm by Paolo A. Strino
See Mata v. [read post]
Real Property & Environmental Law Alert - http://www.rpelawalert.com/
Generative AI in USPTO Practice: Key Considerations Under the USPTO’s New Guidance
21 May 2024, 12:21 pm by Paolo A. Strino
See Mata v. [read post]
IP Law Alert - http://www.iplawalert.com
Generative AI in USPTO Practice: Key Considerations Under the USPTO’s New Guidance
21 May 2024, 12:21 pm by Paolo A. Strino
See Mata v. [read post]
Employment Law Alert - http://www.employmentlawalert.com
Justia Legal Resources: Bankruptcy Law Center
21 May 2024, 8:55 am by Chris Skelton
What Is Subchapter V of Chapter 11? [read post]
Justia Law, Technology & Legal Marketing Blog - https://onward.justia.com/
Access to Documents Relating to the Environment – Even in Light of Dooming Controversy?
20 May 2024, 10:30 pm by Jesse Peters
In line with previous case law such as In ‘t Veld v Council, the Court required [read post]
European Law Blog - https://europeanlawblog.eu/
[Stephen Halbrook] Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi
20 May 2024, 8:05 pm by Stephen Halbrook
The Ninth Circuit, in U.S. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
FS Monthly Wrap-Up – February to April 2024
20 May 2024, 8:03 pm by Liz Hastilow, Ray Giblett (AU), James Morris (AU), Rajaee Rouhani, Stephen Lee, Jeremy Moller, Charles Nugent-Young, Merren Taylor, Timothy Chan (AU), Joshua Kan, Steven Li and Mia Blundell
This term stated that customers must “tell us if anything changes while you’re insured with us” (the Notification Clause) (our emphasis) and was included within Product Disclosure Statements (PDSs) issued with approximately 1,377,900 contracts for home and contents insurance policies. [read post]
Regulation tomorrow - http://www.regulationtomorrow.com/
The N.Y.Times Offers a History Lesson in Retirement Anxiety
20 May 2024, 6:54 pm by Mark Ashton
The history is found at Pension Benefit Guaranty Corp. v. [read post]
Pennsylvania Family Law - http://pafamilylaw.foxrothschild.com/
The FTC has Algorithmic Price-Fixing in its Antitrust Crosshairs
20 May 2024, 11:52 am by Bona Law PC
In the blog post, the FTC includes a previous Statement of Interest (“SOI”) filed in the Duffy v. [read post]
The Antitrust Attorney Blog - http://www.theantitrustattorney.com/
The Constitution of the War on Drugs: Response to Commentators
20 May 2024, 8:40 am by David Pozen
Almost any effort to check government overreach will run the risk of inviting unintended deregulatory consequences. [read post]
Balkinization - http://balkin.blogspot.com/
THINGS GOT A BIT EERIE AT ERIE CONSTRUCTION
20 May 2024, 8:00 am
”)Believing that such conduct violated Title VII of the Civil Rights Act of 1964, as amended (Title VII), the EEOC filed suit (EEOC v. [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/