Search for: "Bernstein v. State" Results 121 - 140 of 568
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2 Jun 2020, 5:57 am
Varallo, Andrew Blumberg, and Alla Zayenchik, Bernstein Litowitz Berger & Grossmann LLP, on Tuesday, June 2, 2020 Editor's Note: Gregory V. [read post]
12 Sep 2012, 12:04 pm by David Bernstein
United States (invalidating a law banning employers from prohibiting their employees from joining unions) and Adkins v. [read post]
27 Jun 2007, 6:25 am
Without some form of knowledge (be it actual or constructive), a lawsuit alleging a tort theory will not survive a motion to dismiss.In Bernstein v. [read post]
24 May 2011, 12:50 pm by David Bernstein
” I conclude that this jurisprudence was primarily a reflection of a natural rights tradition that suggested that the states’ police power had inherent limits.Chapter 2: Paul Kens’s book on Lochner v. [read post]
21 Jan 2011, 3:17 am by Andrew Lavoott Bluestone
  "Defendant client's occasional oral objections to plaintiff law firm's bills were insufficient to raise an issue of fact as to the existence of an account stated (see Duane Morris LLP v Astor Holdings Inc., 61 AD3d 418, 419 [2009]). [read post]
22 Aug 2010, 3:14 am by David Bernstein
An example of where the Court could have exhibited more deference than it did was United States v. [read post]
4 Apr 2012, 7:04 am by David Bernstein
(David Bernstein) Andy Koppelman has another essay, this time in the New Republic, analogizing the litigation over the ACA to the Child Labor Cases. [read post]
24 Oct 2017, 4:00 am by The Public Employment Law Press
This type of provision, however, has survived in a number of  collective bargaining agreement [see New York State Off. of Mental Health v New York State Div. of Human Rights, 53 A.D.3d 887].* Pursuant to OATH Rule of Practice section 1-49(d), respondent had requested that "Anonymous" be used in reporting this decision. [read post]
14 May 2024, 6:00 am by Public Employment Law Press
Under CPLR 3026, "[p]leadings shall be liberally construed" and "[d]efects shall be ignored if a substantial right of a party is not prejudiced" (Matter of Augostini v Bernstein, 172 AD3d 1946, 1947 [4th Dept 2019]).Accordingly, the matter is remanded for further proceedings, including a determination of whether respondent's answer was properly served.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST… [read post]
14 May 2024, 6:00 am by Public Employment Law Press
Under CPLR 3026, "[p]leadings shall be liberally construed" and "[d]efects shall be ignored if a substantial right of a party is not prejudiced" (Matter of Augostini v Bernstein, 172 AD3d 1946, 1947 [4th Dept 2019]).Accordingly, the matter is remanded for further proceedings, including a determination of whether respondent's answer was properly served.THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST… [read post]
3 May 2012, 2:34 pm by David Bernstein
Imagine, for example, if the ghost of Justice William Day, author of Hammer v. [read post]
24 May 2010, 6:36 am by David Bernstein
(David Bernstein) I want to analyze two positions that I’ve seen liberals take on the role of government in promoting civil rights and antidiscrimination norms. [read post]
8 Jul 2012, 7:48 am by David Bernstein
(David Bernstein) I was going to write a post suggesting that Roberts’s vote may have come out the other way if Gonzales v. [read post]
7 Sep 2012, 7:13 am by Rachel Sachs
Coverage also centers around the results of the Court’s decision this past Term in United States v. [read post]