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Holding that substantial evidence supported the New York City Teacher Retirement System's Medical Board's determination that Petitioner's injury "was not caused by an 'accident' within the meaning of the statutory scheme", the Court of Appeals noted that was declining to adopt a rule that "purposeful conduct by coworkers" can never be the basis for an award of Accidental Disability Retirement

24 May 2024, 6:00 am by Public Employment Law Press

Stated differently, an accident is "a sudden, unexpected event that was not a risk inherent in the work performed" (Matter of Kowal v DiNapoli, 30 NY3d 1124, 1125 [2018]; Matter of Kelly v DiNapoli, 30 NY3d 674, 678, 682, 684-685 [2018]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Judicial Ethics First Principles – Appearance of Impropriety

24 May 2024, 4:00 am by Guest Blogger

Does this connection matter to the judge? [read post]

Dorf on Law - http://www.dorfonlaw.org/

Blog Post: Judge Pumps Brakes on Florida Order

24 May 2024, 3:11 am by Daniel M. Kowalski

., 691 F.3d 1250, 1267 (11th Cir. 2012)—applies statewide. [read post]

Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/

Stern on Climate Reparations

23 May 2024, 8:55 pm by Lawrence Solum

Yet, although legal scholars have begun to contend with climate reparations, there is hardly a robust body of literature on the matter. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Third District Reverses Order Prematurely Discharging CEQA Writ for Failure to Address Objections That Certified Revised EIR Was Still Noncompliant, Holds Project Opponents Could Properly Opt to Raise Challenge Through Objections to Return Without Filing Separate Action

23 May 2024, 4:54 pm by Arthur F. Coon

In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! [read post]

CEQA Developments - http://www.ceqadevelopments.com

Court rules for South Carolina Republicans in dispute over congressional map

23 May 2024, 1:23 pm by Amy Howe

” “Such caution,” he explained, “is necessary because “[f]ederal-court review of districting legislation represents a serious intrusion on the most vital of local functions. [read post]

SCOTUSblog - http://www.scotusblog.com/

Speck v. Bates: Federal Circuit’s Two-Way Test for Pre-Critical Date Claims Limits Belated Interferences and Derivation Proceedings

23 May 2024, 11:21 am by Dennis Crouch

Fine, 773 F.2d 1577 (Fed. [read post]

Patently-O - https://patentlyo.com

New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment

23 May 2024, 6:00 am by Public Employment Law Press

Ctr., 384 F Supp 3d 425, 431-433 [SD NY 2019]), it stayed the action pending resolution of this workers' compensation claim (Timperio v Bronx-Lebanon Hosp. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

New York State's Court of Appeals clarifies the operation of the rebuttable presumption set forth in the State's Workers' Compensation Law §21(1), which provides that when an injury arises in the course of a worker's employment it is presumed to arise out of that worker's employment

23 May 2024, 6:00 am by Public Employment Law Press

Ctr., 384 F Supp 3d 425, 431-433 [SD NY 2019]), it stayed the action pending resolution of this workers' compensation claim (Timperio v Bronx-Lebanon Hosp. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas

23 May 2024, 5:39 am by Amir C. Tayrani

That provision says the agency may “[f]rom time to time classify corporations and . [read post]

Truth on the Market - http://truthonthemarket.com/

[Doriane Coleman] The Language Wars

23 May 2024, 5:01 am by Doriane Coleman

In short: because men go without saying, it matters when women literally can't be said at all. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Skadden Discusses Court’s Broad View of Copyright Preemption in Data Scraping Case

22 May 2024, 9:01 pm by renholding

Mar. 10, 2022), cert. denied, 143 S.Ct. 2658 (2023) (holding that certain breach of contract claims may not be qualitatively different from a copyright claim and could therefore be preempted). 2 786 F.3d 754, 760 (9th Cir. 2015). [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Plaintiff’s side hustle lands him in DMCA litigation with autonomous vehicle company

22 May 2024, 3:44 pm by Evan Brown

But that did not end the matter. [read post]

Internet Cases - http://blog.internetcases.com

It’s so hot in Mexico that howler monkeys are falling dead from the trees

22 May 2024, 11:39 am by Yosi Yahoudai

“They were in a state of severe dehydration, and they died within a matter of minutes. [read post]

J&Y Personal Injury Blog - https://jnylaw.com/blog/

It’s so hot in Mexico that howler monkeys are falling dead from the trees

22 May 2024, 11:39 am by Yosi Yahoudai

“They were in a state of severe dehydration, and they died within a matter of minutes. [read post]