Search for: "Record on Appeal"
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31 Mar 2017, 4:05 am
In an internal canon law appeal of his dismissal, the student was unable to prepare a defense because he could not obtain relevant records from the school. [read post]
21 Apr 2015, 9:00 am
The court found that there was substantial evidence in the record to support the ALJ’s findings including:1. [read post]
9 Jan 2018, 1:13 pm
"Not interested in lame attempts to attach material dehors the record to a brief? [read post]
1 Feb 2023, 6:25 am
.) -- dismissing case because plaintiff neglected to file an administrative appeal with agency after receiving agency’s final determination.Sabra v. [read post]
12 Sep 2013, 4:49 pm
Usually where the parties disagree about a trial court's discovery ruling, the issue can be taken up on appeal. [read post]
9 Mar 2013, 10:49 am
However, the case has been appealed to the United States Supreme Court so the ultimate decision as to whether the DEA acted legally has not yet been made. [read post]
9 Oct 2023, 6:00 pm
.) -- in a 71-page opinion, concluding that: (1) plaintiff was not required to administratively appeal agency’s response that was issued after he had filed suit; (2) agency failed to explain how it processed approximately 3200 responsive pages, and its search terms and search locations were incomplete; (3) agency failed to establish that all of its Exemption 4 withholdings met the “commercial or financial threshold,” let alone the “confidential” prong, and it… [read post]
17 Jul 2023, 11:00 pm
PHYSICIAN-PATIENT PRIVILEGE WAIVEDWhen H.S. sued for medical malpractice, and alleged “emotional and psychiatric injuries,” the defendants sought to procure her medical records, particularly those that related to her “psychiatric treatment. [read post]
28 Jun 2023, 8:31 am
Md.) -- dismissing plaintiff’s claim because he failed to administratively appeal from agency’s “no records” response before filing his lawsuit. [read post]
28 Apr 2014, 10:32 am
There was no record of a technician checking the escalator and also no record of repair work performed on the escalator. [read post]
5 May 2025, 11:56 am
The Board of Patent Appeals upheld the rejection by assuming that the relationship would be inherently satisfied if one assumed specific values for the variables. [read post]
5 Jan 2017, 5:30 pm
Seventh Circuit Hangs Up on RobocallsOn January 3, 2017, the Seventh Circuit Court of Appeals struck a blow for telephone tranquility. [read post]
18 May 2020, 1:14 pm
DHS (2nd Cir. 2020) -- affirming district court’s decision that that visitor logs for White House and President Trump’s Mar-a-Lago home are not “agency records” of the U.S. [read post]
7 Aug 2015, 11:00 am
The Center alleged that although some MTA units provided payroll records after lengthy delays, the MTA’s New York City Transit Authority failed to answer the Center’s “appeal of denial,” the last avenue of recourse to exhaust its administrative remedy, before initiating the legal action.The payroll data are posted and updated annually at http://seethroughny.net/, the Empire Center’s “transparency website. [read post]
28 Feb 2024, 4:00 am
PLAINTIFF’S PERSONAL INJURY LAWSUIT WAS DISMISSEDAfter her personal injury case was dismissed pursuant to the “storm-in-progress” rule, TW appealed to the Appellate Division, First Department.On its review of the dispute, the AD1 noted that the defendants had presented sufficient evidence (“certified climatological records”) which evinced that it was snowing at the time of TW’s accident. [read post]
1 Dec 2020, 7:00 am
The employee appealed Supreme Court's ruling. [read post]
24 Mar 2023, 7:19 am
.) -- concluding that: (1) plaintiff lacked standing to challenge FOIA regulation that did not allow an appeal to the head of the agency himself, because plaintiff did not allege sufficient risk of future harm; (2) USPS did not perform adequate search for records concerning a COVID-related “Privacy Statement” on its website; (3) USPS failed to delineate its Exemption 5 withholdings, failed in part to adequately explain its attorney-client privilege withholdings, and… [read post]
24 Jul 2023, 5:00 am
”After a non-jury trial, even though a judge determined that most of the claims were precluded by a Settlement Agreement dated December 18, 2021, it awarded B.E. $500, which represented what the court thought was owed pursuant to that arrangement.On appeal, the Appellate Term, Second Department, was of the view that the trial court had erred. [read post]
5 Oct 2014, 9:45 am
The incident was recorded on video and sold as pornography. [read post]
7 Oct 2020, 4:07 am
"The court explained that the record shows that Educator failed to instruct students during class time, instead using the time to perform personal tasks on Educator's own laptop computer, noting that the record showed that Educator "had previously been placed on notice that such conduct was not permitted, and prior disciplinary action had failed to remedy [Educator's] misconduct. [read post]
