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7 Feb 2008, 12:57 pm
Gibson, Joinder of Claims/Parties, Rule 12 motions (to see how challenges to complaints came up), Rule 11 sanctions, Rule 9(b) heightened pleading of fraud and civil rights, then Swierkiewicz v. [read post]
16 May 2008, 7:03 am
Far better to leave these issues to the state courts' enforcement of state constitutions, where (a) the affected constituencies are powerful enough to amend the organic law to their liking; (b) the variety of jurisdictions is great enough to accommodate passionate differences of opinion about which rights are "fundamental"; and (c) the jurisdictions are small enough that there can be a constant dialogue between the legislature and court about exactly how to… [read post]
17 Jun 2014, 5:33 am by Amy Howe
United States and Perez v. [read post]
31 Jul 2015, 5:25 am by Mary Jane Wilmoth
§ (b)(1)(A), which states that an employee is protected if he reports a hazardous safety or security condition in good faith. [read post]
11 Jun 2012, 4:00 am by AstuteLegalVideos.com
In the case of Garcia v Thomas, the defendant had been released from custody because of doubt that the Secretary of State had conducted a necessary review to ensure that his extradition to Philippines would not violate the Convention Against Torture. [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
"Under CPLR 7511 (b) an arbitration award must be vacated if, as relevant here, a party's rights were impaired by an arbitrator who 'exceeded [their] power' " (Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, 90 [2010], quoting CPLR 7511 [b] [1] [iii]). [read post]
2 Jul 2017, 9:21 am by Peter Margulies
” This reference to gaming the system occurs in part B of the Court’s order dealing with the country restrictions in the EO, and so may not apply to refugees at all, whom the Court addresses in Part C. [read post]