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26 Mar 2024, 7:17 pm by Jon L. Gelman
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court. [read post]
26 Mar 2024, 1:31 pm by Eugene Volokh
" California courts recognize four categories of public policy cases: "the employee (1) refused to violate a statute; (2) performed a statutory obligation; (3) exercised a constitutional or statutory right or privilege; or (4) reported a statutory violation for the public's benefit. [read post]
23 Mar 2024, 9:34 am by Lee E. Berlik
The trial court initially dismissed the claim but the Court of Appeals reversed and reinstated it, primarily on the ground that Blount’s statements, taken as a whole, conveyed factual assertions about Greene that disparaged her fitness to hold public office. [read post]
22 Mar 2024, 6:00 am by Public Employment Law Press
* In addition, opined the Circuit Court, "To determine whether a public employee’s speech is protected, courts must decide “whether the employee spoke as a citizen on a matter of public concern"**. [read post]
22 Mar 2024, 6:00 am by Public Employment Law Press
* In addition, opined the Circuit Court, "To determine whether a public employee’s speech is protected, courts must decide “whether the employee spoke as a citizen on a matter of public concern"**. [read post]
22 Mar 2024, 4:00 am by Jim Sedor
National/Federal Supreme Court Rules Public Officials Can Sometimes Be Sued for Blocking Critics on Social Media Associated Press News – Mark Sherman | Published: 3/14/2024 A unanimous Supreme Court ruled public officials can sometimes be sued for blocking their critics on social media. [read post]
19 Mar 2024, 7:00 am by Cynthia Marcotte Stamer
Author of a multitude of highly regarded publications on HIPAA and other medical record and data privacy and scribe for the ABA JCEB Annual Meeting with the HHS Office of Civil Rights, her experience includes extensive involvement throughout her career in advising health care and life sciences and other clients about preventing, investigating and defending EEOC, DOJ, OFCCP and other Civil Rights Act, Section 1557 and other HHS, HUD, banking, and other federal and state… [read post]
19 Mar 2024, 5:24 am by Eugene Volokh
Likewise, "In the Fifth Amendment context, courts have held that the government might violate a defendant's rights by coercing or encouraging a private party to extract a confession from a criminal defendant. [read post]
17 Mar 2024, 5:42 pm by Cynthia Marcotte Stamer
  On March 13, 2024, the Office of Civil Rights (OCR) released a  “Dear Colleague letter” that warns the February 21, 2024 CH/UHG data breach is likely to trigger HIPAA obligations and investigations for Choice Health and UHG as well as other HIPAA-covered health plans, heath care providers, heath care clearinghouses and business associates. [read post]
15 Mar 2024, 12:30 pm by John Ross
Defendant asks for habeas relief, claiming actual innocence and witness tampering. [read post]
15 Mar 2024, 9:18 am by Eugene Volokh
By excluding from liability "acts of officers in the ambit of their personal pursuits," the state-action requirement "protects a robust sphere of individual liberty" for those who serve as public officials or employees. [read post]
14 Mar 2024, 5:54 am by jonathanturley
 Other faculty have had to go to court to defend their free speech rights. [read post]
In its ruling, the correctional court in Ghent barred Van Langenhove from holding public office for 10 years. [read post]
8 Mar 2024, 3:00 am by Jim Sedor
Appeals Court Ruling Means Over 100 Jan. 6 Rioters May Be Resentenced MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 3/1/2024 A federal appeals court overturned a sentencing enhancement used against January 6 defendants charged with felony obstruction, a decision that means that over 100 convicted rioters may have to be resentenced. [read post]
5 Mar 2024, 6:24 am by admin
This is a higher standard of proof of misconduct that the defendant must show in a personal injury negligence case against a non-governmental defendant. [read post]