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The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
., 183 AD3d 1207, 1209 [3d Dept 2020]; see also Executive [*4]Law § 809 [2] [b]; 9 NYCRR 572. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
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]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
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]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A Super Complicated Medical Malpractice, Products Liability Legal Malpractice Dismissed For Failures to Explain the Case
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
Steven Rubin started prescribing plaintiff Reglan (the brand drug of metoclopramide) or a generic version of the drug manufactured by PLIVA, Inc. to treat her gastroparesis. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Federal Judge Finds Exception To Exclusivity Of California Dissenters' Rights Remedy To Be "Likely" Even Though The Statute Says Otherwise
10 May 2024, 12:15 am
ArcSoft, Inc., No. 19-CV-05836-JSW, 2024 WL 1972891, at *1 (N.D. [read post]
California Corporate & Securities Law - https://www.calcorporatelaw.com/
[Josh Blackman] How I Learned About The Copyright Act's Statute of Limitations
9 May 2024, 10:07 pm by Josh Blackman
§507(b). [read post]
The Volokh Conspiracy - http://www.volokh.com/
Copyright Infringement Damages
9 May 2024, 7:23 pm by Thomas James
” 17 U.S.C. 507(b). [read post]
Cokato Copyright Attorney - https://www.thomasbjames.com
Supreme Court Affirms Availability of Back-Damages Under Copyright Discovery Rule
9 May 2024, 10:55 am by Dennis Crouch
Metro-Goldwyn-Mayer, Inc., 572 U.S. 663 (2014). [read post]
Patently-O - https://patentlyo.com
Guest Post: Protecting ERISA Fiduciaries from Wrongful Blame for the Retirement Funding Crisis
8 May 2024, 2:26 pm by Kevin LaCroix
  The behavioral economics field gives us principles that suggest the loss of social security benefits will yield strong emotional and/or litigious responses, with the potential for carry-over into the private pension sphere.[7]  To  summarize why this is likely to occur: (1) individuals—using the status quo as their reference point—tend to view change as either a gain or a loss from the status quo; (2) “[s]ince losses loom larger [people feel them more… [read post]
The D & O Diary - http://www.dandodiary.com/
Can the Illinois Attorney General Sue my Company for Consumer Fraud?
8 May 2024, 12:47 pm by Peter S. Lubin and Patrick Austermuehle
B. [read post]
Chicago Business Litigation Lawyer Blog - http://www.chicagobusinesslitigationlawyerblog.com/
TTAB Affirms Section 2(d) Refusal of NUDE X for Cosmetics in view of NAKED X for Hair Care Products
8 May 2024, 7:19 am
In re BeBella Inc., Serial No. 97281194 (May 2, 2024) [not precedential] (Opinion by Judge Wendy B. [read post]
The TTABlog - http://thettablog.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
RosadoIndex No. 152743/21 Appeal No. 1230 Case No. 2022-02719[*1]IntegrateNYC, Inc., et al., Plaintiffs-Appellants,vThe State of New York et al., Defendants-Respondents, Parents Defending Education, Intervenor Defendant-Respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
RosadoIndex No. 152743/21 Appeal No. 1230 Case No. 2022-02719[*1]IntegrateNYC, Inc., et al., Plaintiffs-Appellants,vThe State of New York et al., Defendants-Respondents, Parents Defending Education, Intervenor Defendant-Respondent. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements
7 May 2024, 10:47 am by Bianca Rodriguez, Keahn Morris, John Bolesta and James Hays
On April 26, 2024, Ctrl Alt Destroy, Inc. [read post]
Labor & Employment Law Blog - http://www.laboremploymentlawblog.com/
Of Mass Torts, Multidistrict Litigation, and Collateral Estoppel: Notes on Justice Thomas’s Dissent from the Denial of Certiorari in E.I. du Pont de Nemours & Co. v. Abbott
6 May 2024, 9:00 pm by Laura Dooley and Rodger Citron
Second, although in theory MDL cases return to their home districts for trial, many MDL cases end, either through global settlement, a dispositive pretrial motion, or other maneuvers around Lexecon Inc. v. [read post]
Verdict - http://verdict.justia.com/
Using the Amazon Patent Evaluation Express (APEX) may subject you to personal jurisdiction in another state
6 May 2024, 2:34 pm by Brett Trout
This was the case in SnapRays, d/b/a SnapPower v. [read post]
Blawg IT - http://blawgit.com
[Eugene Volokh] Yet Again, Someone Trying to Vanish My Post About a Case on One-Sided Pseudonymity
6 May 2024, 9:20 am by Eugene Volokh
In February, I wrote about a Fourth Circuit decision in Doe v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Blog Post: Allan E. Kaye: In Memoriam
6 May 2024, 8:51 am by Daniel M. Kowalski
– Africa Children’s Fellowship, Inc at https://www.usacf.net/donate-3/ Mr. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
Didn’t Start A Case, Still in the Case
6 May 2024, 5:28 am by Andrew Lavoott Bluestone
Such notice is without force and effect as plaintiff, counsel’s client, did not sign such form or acknowledge her signaturebefore a notary public, as required pursuant to CPLR §321(b) See Garafola v Mayoka, 151 AD3d 1018 (2d Dept 2017). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Highlights from BakerHostetler’s Webinar on Race-Based Grantmaking and Charitable Activities
4 May 2024, 12:08 pm by Gene Takagi
In Students for Fair Admissions, Inc. v. [read post]
Nonprofit Law Blog - http://www.nonprofitlawblog.com/