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18 Jun 2012, 5:00 am
Statutory presumption that an individual suffered a disease of the heart as a result of the performance of duty rebutted by medical evidence to the contrary Lawless v DiNapoli, 56 AD3d 1114 A member of the New York State Employees’ Retirement System [NYSERS] applied for performance of duty disability retirement benefits alleging that he was permanently incapacitated as the result of a heart attack he suffered approximately six months earlier. [read post]
12 Dec 2017, 9:57 am
Similarly, the court held that the requirements of Rule 23(b)(2) (relief sought appropriate to class as a whole) and (b)(3) (common questions of law or fact predominate) were not satisfied "because there is no showing that the circumstances of each proposed class member are like those of Plaintiff, and because the resolution will turn on individual determinations as to cardholder agreements and assignments of debt. [read post]
5 Aug 2008, 7:12 pm
In United States v. [read post]
27 Feb 2010, 9:00 am
In Cason-Merenda v. [read post]
13 Aug 2011, 7:30 pm
In Mid 2011 - the Colorado State Legislature enacted a law - House Bill 11-1064, which created a presumption, subject to the State Board of Parole, in favor of granting parole to an inmate who has reached his or her parole eligibility date and who is serving a sentence for certain drug-related crimes, provided that the offender meets other requirements specified in the bill. [read post]
5 Apr 2010, 3:17 am
Third, amidst the usual welter of authorities being discussed, it was particularly interesting to see the Irish cases (Donegan v Dublin CC [2008] IEHC 288; Dublin CC v Gallagher [2008] IEHC 354) being drawn on in this context, although they are a bit of a sideshow. [read post]
9 May 2008, 7:00 am
., v. [read post]
10 Apr 2018, 11:20 am
On April 2, 2018, in Encino Motorcars, LLC, v. [read post]
19 Jun 2010, 9:36 am
Roger Falk won in State v. [read post]
9 Jul 2014, 4:37 pm
§ 1292(b). [read post]
30 Jun 2008, 5:00 pm
Section 101(b). [read post]
7 Dec 2017, 11:34 am
Article 3(b) states an SPC is to be granted "if...a valid authorization to place the product on the market as a medicinal product has been granted". [read post]
20 Jan 2014, 5:56 am
Code §§ 78(b) and 78ff, --> 17 C.F.R. [read post]
3 Jul 2023, 10:49 pm
Lewis & B. [read post]
23 Oct 2013, 9:28 am
Servs., Inc. v. [read post]
30 Jun 2022, 1:23 pm
§7411(b)(1)(B); see also §7411(a)(2). [read post]
14 Mar 2022, 9:00 am
In Unicolors, Inc. v. [read post]
23 Feb 2011, 9:59 am
Corp. v. [read post]
18 May 2011, 10:18 am
In a significant loss for employees, the United States Supreme Court has determined that a pension plan's Summary Plan Description ("SPD") is not a part of the plan itself (CIGNA Corp. v. [read post]
26 Jun 2012, 4:21 pm
”The petition for review, Comcast Corp. v. [read post]