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6 Jun 2008, 3:53 am
There is no requirement that the employee be discharged in good faith (see Sabetay v Sterling Drug, 69 NY2d at 335); only two recognized exceptions exist to this rule, which are inapplicable herein (see Horn v New York Times, 100 NY2d 85, 96; Matter of De Petris v Union Settlement Assn., 86 NY2d 406, 410; Wieder v Skala, 80 NY2d 628, 638; Miller v Huntington Hosp., 15 AD3d at 549). [read post]
4 Jun 2008, 3:28 am
BAC level), whereas HGN does not. 16 A very recent investigation17 found that only HGN was effective at distinguishing persons above or below a BAC of .04%, a standard sometimes applied to drivers of commercial vehicles and, in some states, to drivers younger than 21. [read post]
29 Apr 2008, 7:13 am
Moore, No. 06-1082 In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections. … [read post]
17 Apr 2008, 10:39 am
Bayer AG, 735 N.W.2d 448, 467-68 (Wis. 2007) (drug approvals and possibly other FDA documents); Horne v. [read post]
16 Apr 2008, 11:00 pm
Horn stated in dissent, Excluding even a single person from a jury because of race violates the Equal Protection Clause of our Constitution. [read post]
5 Apr 2008, 3:40 pm
The case is Bodkin v. [read post]
31 Mar 2008, 8:34 am
Supreme Court exempts Texas courts from World Court ruling After two Supreme Court reversals, Texas man sentenced to life Posts from Capital Defense Weekly: Two notable state supreme court opinions on the right to privacy VHAC update Presumed guilty Scott Panetti on remand The Eleventh Circuit paints a dim picture of life in the lower federal courts The hidden costs of the death penalty: California Abu Jamal v. [read post]
27 Mar 2008, 11:52 am
We're pleased to report on another preemption victory, Horne v. [read post]
15 Mar 2008, 7:00 am
  Shame about the IP: (Afro-IP),Ethiopia receives US trade mark for Sidamo coffee despite opposition from Starbucks: (The IP Factor), (Afro-IP),CC licensed test for African sleeping sickness: (creativecommons.org),Update on PCT applications filed in Nigeria: (Afro-IP),Parallel imports of DVDs to be tested in South Africa: Universal City Studios v Mr Video: (Afro-IP),The W****D C*P of 2*1*: FIFA’s intellectual property rights in South Africa: (Afro-IP),Namibia to adopt… [read post]
28 Feb 2008, 10:42 am
Horn (Ala. 2004) 901 So.2d 27, 66 [holding that judgments confirming arbitration awards constitute state action, thus warranting "review of the awards under governing federal due-process considerations"]; but see MedValUSA Health Programs, Inc. v. [read post]