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Joining The Club
18 Jun 2024, 6:54 am by Lyle Roberts
When plaintiffs bring both Section 10(b) and Section 11 and 12(a)(2) claims in the same complaint, however, many courts have found that all of the claims “sound in fraud” and uniformly must be pled with particularity. [read post]
The 10b-5 Daily - https://10b5daily.com/
Court Scrutiny Faced by The Department of Labor’s New Rule Increasing Exempt Employee Salary Thresholds
18 Jun 2024, 6:00 am by Vineesha Sow
Our office will continue to monitor all legal challenges and provide updates as appropriate. [read post]
Employment Law Business Guide - http://www.employmentlawbusinessguide.com
[Eugene Volokh] California Judge Orders Removal of Reddit Criticism of Scientist/Consultant Who Publicly Criticized English Lucy Letby Murder Trial
18 Jun 2024, 5:01 am by Eugene Volokh
All harassing posts shall be removed. [read post]
The Volokh Conspiracy - http://www.volokh.com/
NO UNLIMITED DISCLOSURE OF MEDICAL HISTORY
18 Jun 2024, 5:00 am
”When the defendant doctors and hospital sought to compel the “unrestricted” release of “mental health, drug/alcohol treatment and HIV-related records,” that request was granted by the Bronx County Supreme Court.On appeal, the Appellate Division, First Department, noted that the defendants had failed to establish a “particularized need” for all that information, and thought the defendants were only entitled to records relating “to the left hip… [read post]
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
6 More States Fend Off Enforcement of Title IX Transgender Discrimination Rules
18 Jun 2024, 4:00 am by Howard Friedman
  This result is not only impossible to square with Title IX but with the broader guarantee of education protection for all students.ADF issued a press release announcing the decision. [read post]
Religion Clause - http://religionclause.blogspot.com/
It was the best of opinions; it was the worst of opinions…
18 Jun 2024, 3:48 am by Jon Hyman
Indeed, given this Court's hostility to any agency regulations, let's just hope that these regulations survive at all. [read post]
Ohio Employer Law Blog - http://www.ohioemployerlawblog.com/
What does "excusable neglect" mean under the Federal Rules?
17 Jun 2024, 12:46 pm by Second Circuit Civil Rights Blog
" The district court said this excuse was "highly questionable” as "the Plaintiffs have never plausibly explained why only the April 6 notifications were sent to counsel’s spam folder, while all other notifications were sent to his inbox. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
[Eugene Volokh] No Sealing of Documents in Lawsuit Alleging Prison Nurse's Falling Asleep Contributed to Inmate's Death
17 Jun 2024, 11:25 am by Eugene Volokh
"[M]ost if not all litigation can be harassing and embarrassing to some extent" …. [read post]
The Volokh Conspiracy - http://www.volokh.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
In [*2]opposition, the plaintiff failed to raise a triable issue of fact. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"Schools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision" (Mirand v City of New York, 84 NY2d 44, 49; see D.M. v Yonkers City Sch. Dist., 220 AD3d 672). "Schools are not insurers of safety, however, for they cannot reasonably be expected to continuously supervise and control all movements and activities of students" (Mirand v City of New York, 84 NY2d at 49; see R.B. v Sewanhaka Cent. High Sch. Dist., 207 AD3d 607, 609).
17 Jun 2024, 11:00 am by Public Employment Law Press
In [*2]opposition, the plaintiff failed to raise a triable issue of fact. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] Is Promotion of Free Services "Commercial Speech" for First Amendment Purposes?
17 Jun 2024, 10:33 am by Eugene Volokh
" Drawing all inferences in favor of the Plaintiffs, the provider regulation could make licensed providers responsible for any conversation between an unlicensed pr [read post]
The Volokh Conspiracy - http://www.volokh.com/
What Is Res Ipsa Loquitur: Expert 2024 Guide
17 Jun 2024, 9:22 am by GR0
One common tactic is to argue that you, the plaintiff, played a role in causing the accident. [read post]
Schwartzapfel Lawyers Blog - https://www.fightingforyou.com/resource-center/
Will Biometric Privacy Laws Undermine the Fight Against CSAM?–Martell v. X
17 Jun 2024, 8:25 am by Eric Goldman
The idea is that services using PhotoDNA (like X/Twitter) must hash all photos–including images showing people’s faces–in their database to check if those photos match a hash value in the PhotoDNA database. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Circumstantial evidence of car accident cause not sufficient.
17 Jun 2024, 6:05 am by The Law Offices of John Day, P.C.
Plaintiff claimed negligence, negligence per se, and negligent hiring, supervision and training against defendants, all of which require “proof of both causation in fact and proximate cause. [read post]
Day on Torts - http://www.dayontorts.com/
After-Acquired Cause Insufficient to Justify Termination of Employment
17 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
We provide our clients with practical advice and skilled representation in all facets of employment law. [read post]
Guelph Employment Law Blog - https://petermcsherry.ca/blog/
After-Acquired Cause Insufficient to Justify Termination of Employment
17 Jun 2024, 5:00 am by Written on behalf of Peter McSherry
We provide our clients with practical advice and skilled representation in all facets of employment law. [read post]
Peter McSherry Blog - http://petermcsherry.ca/blog/
Court denies 17 states’ challenge to abortion leave under the EEOC’s pregnancy regulations
17 Jun 2024, 4:45 am by Eric B. Meyer
In the plaintiff States, these elective abortions, and almost all abortions, are illegal. [read post]
The Employer Handbook - http://www.theemployerhandbook.com/
Unjust Enrichment In An Illinois Divorce
17 Jun 2024, 4:31 am by Russell Knight
Illinois divorce courts do not split up a couple’s non-marital assets at all. [read post]
Law Offices of Russell D. Knight - https://rdklegal.com/blog/
Pro-Se Case Dismissed, Although CPLR 3211(a)(1) Dismissal is Without Prejudice
17 Jun 2024, 3:41 am by Andrew Lavoott Bluestone
The Settlement Agreement, signed by plaintiff, includes the following representation attributed to plaintiff as the releasor: Releasor hereby declares that the terms of this Release have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final settlement of any and all claims (exhibit B to Oxenburg affirmation, Settlement Agreement at 3 [NYSCEF Doc. 49] [emphasis added]). [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Court of Appeals Bolsters the Internal Affairs Doctrine, Takes a Stroll Through Scottish Fiduciary Law
17 Jun 2024, 3:37 am by Peter J. Sluka
  Plaintiffs argued that New York law applies. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/