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3 Apr 2007, 1:24 am
Along the way, the court said some nasty stuff about plaintiffs' ability to recover medical monitoring expenses as an element of damages.So medical monitoring in the state supreme courts may not be an entirely clean sweep. [read post]
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his… [read post]
29 Nov 2023, 6:00 am by Public Employment Law Press
However, said the court, citing  Matter of Park v DiNapoli, 123 AD3d 1392; Matter of Walters v DiNapoli, 82 AD3d 1487; and Matter of Rivera v DiNapoli, 78 AD3d 1295, "the issue distills to whether the Retirement System successfully rebutted the heart presumption, which, in turn, required the Retirement System to demonstrate -- through expert medical proof -- that Petitioner's cardiac condition was caused by risk factors other than his… [read post]
6 Aug 2007, 1:09 pm
The court followed the United States Supreme Court decision in United States v. [read post]
18 Nov 2010, 1:18 pm by David Jacobson
As the Full Court said in Universal Music Australia Pty Ltd v Australian Competition and Consumer Commission [2003] FCAFC 193; (2003) 131 FCR 529, [310]: “If a company ‘takes the odds’, it must expect serious consequences if it miscalculates”. [read post]
2 Dec 2021, 4:29 am by SHG
My wife came home yesterday and told me that the guy on the radio said the Supreme Court reversed Roe v. [read post]
14 Aug 2012, 6:34 pm by Michael M. O'Hear
Ginsburg’s position here recalls her (also unexplained) flip between the Scalia and Breyer camps in United States v. [read post]
18 Sep 2009, 9:45 am
Processing PERB appealsJardim v PERB, 265 A.D.2d 329In this action the Appellate Division held that LeRoy Jardim's petition seeking review of the determination of the New York State Public Employment Relations Board was properly dismissed he failed to exhaust his administrative remedies, citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, and other decisions.The New York State Public Employment Relations Board [PERB] had adopted rules providing for… [read post]
28 Jan 2011, 2:03 pm by WIMS
      The United States, representing the interests of the Department of the Interior's Fish and Wildlife Service as amicus curiae, argues that § 9 is ambiguous, that the Appeals Court must apply the deference principles set forth in Chevron, U.S.A., Inc. v. [read post]