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13 May 2024, 6:45 am
” There are only three circumstances in which a complaint that does not allege a federal claim may nevertheless “arise under” federal law for purposes of removal: “(1) if Congress expressly provides, by statute, for removal of state-law claims; (2) if the state-law claims are completely preempted by federal law; and (3) in certain cases if the vindication of a state-law right necessarily turns on a question of federal law. [read post]
13 May 2024, 6:41 am
Does it consistently protect a lawyer’s professional independence? [read post]
13 May 2024, 6:19 am
As illustrated in a recent Florida ruling delivered in a divorce case, if a court misclassifies property or issues a final judgment that does not comply with its oral statements at trial, such errors may qualify as grounds for pursuing an appeal. [read post]
13 May 2024, 6:07 am
Andrews, 534 U.S. 19 (2001) (holding that the discovery rule does not apply to the statute of limitations for private civil actions brought under the Fair Credit Reporting Act). [read post]
13 May 2024, 6:00 am
Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
13 May 2024, 6:00 am
The Safe Harbor Provision keeps bars and other businesses selling alcohol from being held liable under the Dram Shop Statute provided a few things hold true: They require employees to attend approved training programs The employees attend the training program The employer does not directly or indirectly encourage employees to break such law (for example, encouraging employees to over-serve or failing to discipline employees when they do) Hence, even if an individual bartender… [read post]
13 May 2024, 6:00 am
Matter of Rosa v New York City Employees' Retirement Sys. 2024 NY Slip Op 02538 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. [read post]
13 May 2024, 5:53 am
And on what basis does the NY Post present the "utopian vision" as earnest? [read post]
13 May 2024, 5:30 am
But that can change when the company’s attorney does the hiring and “quarterbacks” the communications. [read post]
13 May 2024, 5:14 am
For example, the feed from an infrared satellite does not include data on the color of objects. [read post]
13 May 2024, 5:00 am
Cohen seems like he has never met an oath that he does not want to break. [read post]
13 May 2024, 4:55 am
” An arbitrary or capricious action “is one that relies on improper factors, fails to consider key information, offers a decision that the record does not support, or lacks plausibility. [read post]
13 May 2024, 4:24 am
About Salmonella Food contaminated with Salmonella bacteria does not usually look, smell, or taste spoiled. [read post]
13 May 2024, 4:16 am
The ICJ, in March, ordered provisional measures, demanding Israel immediately ” take all necessary and effective measures” to ensure the “unhindered” flow of humanitarian aid into Gaza, including food, water, fuel, medicine, and sanitation supplies, and to ensure that its military does not take actions that could violate the Genocide Convention. [read post]
13 May 2024, 4:07 am
What does the FTC’s decision mean for nonsolicitation agreements in Texas? [read post]
13 May 2024, 4:00 am
Do you have any concept of the guilt he will carry if he does make this choice on his own? [read post]
13 May 2024, 3:20 am
Why Does an “Action Gap” Exist? [read post]
13 May 2024, 3:17 am
This would have been a particularly challenging endeavour, since there does not seem to be any general agreement about the definition and meaning of “proportionality” or of how it operates in legal reasoning in general or in private law in particular. [read post]
13 May 2024, 3:10 am
So, how does Polyvagal Theory translate into effective leadership? [read post]
13 May 2024, 3:00 am
“We still have a problem,” Huntsman said, “as long as the Sheriff’s Department is secretive about alleged gang activity and does not thoroughly investigate it and identify all the members. [read post]
