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9 Feb 2017, 5:37 am by SHG
We have a tri-partite government, with a legislative branch to enact laws, an executive branch to implement the laws enacted by the legislative branch, and a judicial branch, the “least dangerous branch,” to resolve disputes and, because of Marbury v. [read post]
3 Jul 2024, 2:41 pm by Ben Sperry
Careful attention to the judgment of the Executive Branch may help inform that inquiry [e.g., Skidmore review]. [read post]
16 Jan 2011, 7:39 am by Adam Baker
Martel Building Ltd. v Canada, [1997] 129 FTR 249 (FCTD), revd [1998] 163 DLR (4th) 504 (FCA), leave to appeal refused, 2000 SCC 60, [2000] 2 SCR 860, online: LexUM http://scc.lexum.org/en/2000/2000scc60/2000scc60.html Facts Note: This case deals with the possibility of a tort action in negligence for breach of a duty of care during negotiation of a contract (specifically during the solicitation and evaluation of tendered bids). [read post]
5 Apr 2017, 2:11 pm
  These branches of government are thus generally exempt from CPRA. [read post]
14 Mar 2022, 4:51 am by Andrew Lavoott Bluestone
However, to the extent Shubaderov and Egorov seek an award of treble damages in the context of the legal malpractice cause of action, it fails to state a cause of action pursuant to Judiciary Law § 487 (see Pszeniczny v Horn, 193 AD3d 1091; Gorbatov v Tsirelman, 155 AD3d 836, 840). [read post]
30 Oct 2020, 4:49 am by Public Employment Law Press
Plaintiff further alleged, among other things, that the several Respondents made the defamatory statements with knowledge of their falsity and for the purpose of damaging the Plaintiff's reputation among the Company's employees and impugning his ability to continue acting as president of the union's local branch. [read post]
30 Oct 2020, 4:49 am by Public Employment Law Press
Plaintiff further alleged, among other things, that the several Respondents made the defamatory statements with knowledge of their falsity and for the purpose of damaging the Plaintiff's reputation among the Company's employees and impugning his ability to continue acting as president of the union's local branch. [read post]
1 Jun 2020, 8:00 am by Public Employment Law Press
 Supreme Court granted the City's motion for summary judgment dismissing the complaint and Plaintiff appealed from those branches of the City's motion that resulted in the dismissal of Plaintiffs causes of action alleging common-law negligence and loss of consortium.The Appellate Division sustained the Supreme Court's determination, explaining that although employers in New York State generally "have a common-law duty to provide their employees with a safe… [read post]
1 Jun 2020, 8:00 am by Public Employment Law Press
 Supreme Court granted the City's motion for summary judgment dismissing the complaint and Plaintiff appealed from those branches of the City's motion that resulted in the dismissal of Plaintiffs causes of action alleging common-law negligence and loss of consortium.The Appellate Division sustained the Supreme Court's determination, explaining that although employers in New York State generally "have a common-law duty to provide their employees with a safe… [read post]