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In this respect, it is generally admitted that borderline should be that the enforcing court should refrain from reviewing the determination of facts and application of law made by the foreign court “as if it were an appellate tribunal reviewing how the “lower court” decided the case” (Peter Hay, Advance Introduction to Private International Law and Procedure (Edward Elgar, 2018) 121). [read post]

Conflict of Laws .net - https://conflictoflaws.net

Disclosing Witnesses In An Illinois Divorce Hearing Or Trial

25 May 2024, 8:50 am by Russell Knight

” Wilson v. [read post]

Law Offices of Russell D. Knight - https://rdklegal.com/blog/

Understanding Ontario Appeal Court’s Ruling on Fixed-Term Contracts

24 May 2024, 1:57 pm by MEL

In Kopyl v. [read post]

Canada Employment & Labour Law Blog - https://www.minkenemploymentlawyers.com/category/blog/

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

Decided on May 23, 2024 No. 47 [*1]In the Matter of Michele Rawlins, Appellant, v Teachers' Retirement System of the City of New York, et al., Respondents. [read post]

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

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

Decided on May 23, 2024 No. 47 [*1]In the Matter of Michele Rawlins, Appellant, v Teachers' Retirement System of the City of New York, et al., Respondents. [read post]

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

OBSTACLES IMPEDED THIS OBSTACLE COURSE’S DISMISSAL REQUEST

24 May 2024, 5:00 am

” Since the defendant failed to demonstrate a “prima facie entitlement to judgment as a matter of law,” the AD2 thought the motion was “properly denied,” without even considering what was in JH’s opposing papers.That JH couldn’t identify the cause of his injury was improperly raised and could not be considered (for the first time) on appeal.There was no sliding there ….# # #DECISIONH. v R.F. [read post]

Real Estate Law Blog - http://www.nyrealestatelawblog.com/

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

v. [read post]

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

Alimony & the Cohabitation Dilemma

23 May 2024, 10:50 am by Mark Ashton

Chaclas v. [read post]

Pennsylvania Family Law - http://pafamilylaw.foxrothschild.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

at 185, quoting Matter of Seymour v Rivera Appliances Corp., 28 NY2d 406, 409 [1971]). [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

at 185, quoting Matter of Seymour v Rivera Appliances Corp., 28 NY2d 406, 409 [1971]). [read post]

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

Charging liens, principles of priority, net judgment rule, modification, and fresh linguini with sausage, porcini musthrooms, and sage

22 May 2024, 1:33 pm by Law Lady

KATHY DEASY, Appellant, v. [read post]

The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/

The United States Court of Appeals, Second Circuit, held the challenged arbitration award unambiguously granted disgorgement of certain interest and fees, but concluded that the arbitrator's award of profits is too ambiguous to enforce and must be remanded to the arbitrator for clarification

22 May 2024, 10:00 am by Public Employment Law Press

Click HERE to access the text of the Second Circuit 90 page opinion in this matter. [read post]

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

The United States Court of Appeals, Second Circuit, held the challenged arbitration award unambiguously granted disgorgement of certain interest and fees, but concluded that the arbitrator's award of profits is too ambiguous to enforce and must be remanded to the arbitrator for clarification

22 May 2024, 10:00 am by Public Employment Law Press

Click HERE to access the text of the Second Circuit 90 page opinion in this matter. [read post]

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

Decoding Patent Ownership beginning with Core Principles

22 May 2024, 9:20 am by Dennis Crouch

Although not discussed in the court’s decision, the appellant brief includes a suggestion that the Federal Circuit should “narrow or overrule” the automatic assignment law seen in FilmTec Corp. v. [read post]

Patently-O - https://patentlyo.com

Master of Its Choice of Forum?

22 May 2024, 7:00 am by bklemm@foley.com

v. [read post]

Consumer Class Defense Counsel - https://www.foley.com/insights/category/blogs/consumer-class-defense-counsel/

When May the State Use Evidence of a Defendant’s Silence Before Trial?

22 May 2024, 3:00 am by Shea Denning

This rule applies as a matter of constitutional interpretation by North Carolina’s appellate courts; the United States Supreme Court has not weighed in on whether the Fifth Amendment bars the substantive use of a defendant’s invocation of his right to remain silent before the defendant is arrested. [read post]

North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/