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7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
8 Mar 2022, 4:00 am by SHG
Ultimately, the Supreme Court’s ruling in Wooden v. [read post]
22 Jun 2021, 10:15 am by Ronald Mann
Barrett concluded that Basic (and a 2014 decision interpreting Basic called Halliburton v. [read post]
8 Jun 2014, 7:53 pm by Schachtman
Barrett’s opinion was not undermined during his lengthy cross-examination. [read post]
28 Jun 2022, 5:58 am by Bernard Bell
  Assuredly, they failed to provide their full-scale legal analysis to the agency. [read post]
17 Nov 2020, 7:40 pm by Linda McClain
To Justice Barrett’s question about a social service agency raising a religious objection to interracial marriage, Windham answered by citing to Loving v. [read post]
2 Jan 2007, 4:24 pm
However, the voluminous and defense-favorable body of 47 USC 230 case law (including the recent Barrett v. [read post]
5 Jul 2023, 10:12 am by Jacob Wirz
Nebraska “hit the send button” on a gratuitous and ground-breaking application of MQD while failing to address the potential benefits of Justice Barrett’s alternative approach. [read post]
10 Aug 2021, 2:58 pm by Josh Blackman
[Re-upping a post I wrote with Seth Barrett Tillman in March] Governor Cuomo has now resigned. [read post]
7 May 2018, 8:16 am by Eugene Volokh
No, said the New Jersey Supreme Court today in Petro-Lubricant Testing Laboratories, Inc. v. [read post]