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Limo Company Shareholders Can’t Hitch a Ride in Derivative Litigation
13 May 2024, 4:50 am by Franklin C. McRoberts
Thus, in Auerbach v Bennett (47 NY2d 619 [1979]), New York’s highest court held that courts have the power in shareholder derivative litigation to grant unnamed interested shareholders leave to intervene – even for the first time on appeal. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
[UPCKat] Access to confidential information by parties and the public in the UPC
12 May 2024, 3:51 am by Annsley Merelle Ward
General guidance on confidentiality: the Fujifilm v Kodak decision, LD Düsseldorf, UPC_CFI_355/2023, 27 March 2024 In these proceedings, the defence to infringement was based on a prior use argument deriving from an acquisition in 2017. [read post]
IPKat - http://ipkitten.blogspot.com/
Federal appeals court affirms conviction of Trump ex-advisor for contempt of Jan. 6 congressional committee
11 May 2024, 7:46 am by Aabshar Ghassi | U. Pittsburgh School of Law, US
The court rejected those arguments because it had already decided in Licavoli v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
What Happens After Supreme Court Rejects Trump’s Absolute Immunity: Mapping 3 Scenarios
10 May 2024, 9:01 am by Matthew A. Seligman
Circuit’s application of the Fitzgerald test in Blassingame v. [read post]
Just Security - https://www.justsecurity.org/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New York State Adirondack Park Agency may not deny a permit application without holding an adjudicatory hearing
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Fees May Be Awarded Under Anti-SLAPP Even if Case Dismissed on Other Grounds
9 May 2024, 10:45 am by Lee E. Berlik
The case is Jamie Allen Harless v. [read post]
Virginia Defamation Law Blog - http://www.virginiadefamationlawyer.com/
Lack of sufficient safety devices to protect Plaintiff from falling into a hole violated Labor Law §240(1)
9 May 2024, 10:00 am by Public Employment Law Press
Additionally, petitioner demonstrated that NYCTA had the opportunity to investigate the essential facts in a timely manner, establishing that petitioner's delay did not cause substantial prejudice to NYCTA (see Matter of Mejia v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Lack of sufficient safety devices to protect Plaintiff from falling into a hole violated Labor Law §240(1)
9 May 2024, 10:00 am by Public Employment Law Press
Additionally, petitioner demonstrated that NYCTA had the opportunity to investigate the essential facts in a timely manner, establishing that petitioner's delay did not cause substantial prejudice to NYCTA (see Matter of Mejia v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging books available to students held in a public school's library [Decisions of the Commissioner of Education No. 18,402]
9 May 2024, 7:00 am by Public Employment Law Press
Bd., 64 F3d 184, 188 [5th Cir 1995], citing Tinker v Des Moines Indep. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging books available to students held in a public school's library [Decisions of the Commissioner of Education No. 18,402]
9 May 2024, 7:00 am by Public Employment Law Press
Bd., 64 F3d 184, 188 [5th Cir 1995], citing Tinker v Des Moines Indep. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Cancellation Insurance: Causation (Australia)
9 May 2024, 5:44 am by Patrick Bracher (ZA)
  The court found that the insured had failed to conduct itself in a timely or prudent manner. [read post]
Financial Institutions Legal Snapshot - http://www.financialinstitutionslegalsnapshot.com/
Understanding Parental Rights
8 May 2024, 12:51 pm by Duana Boswell-Loechel
Using controlled substances in a manner that endangers the child’s health and safety. [read post]
Boswell Law Firm Blog - https://www.boswelltexaslaw.com/blog/
Apparent Conflict: Appearance of Impropriety Enough to Exclude a Contractor from Federal Contract
8 May 2024, 7:25 am by Shane McCall
In Raytheon Co. v. [read post]
Small Government Contracts Blog - https://smallgovcon.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Plaintiffs in this action contend State and City policies deny Black and Latinx students their state constitutional right to a "sound basic education"
8 May 2024, 6:00 am by Public Employment Law Press
IntegrateNYC, Inc. v State of New York2024 NY Slip Op 02369Decided on May 02, 2024Appellate Division, First DepartmentMoulton, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered: May 02, 2024 SUPREME COURT, APPELLATE DIVISION First Judicial DepartmentSallie Manzanet-DanielsPeter H. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Motion to Suppress Indentification Testimony as Unreliable
7 May 2024, 3:42 pm by Brian Shiffrin
In People v Reeves (152 AD3d 1173, 1176 [4th Dept 2017]), the Appellate Division, Fourth Department, suppressed identification testimony based on the alleged unreliability of the witness's identification, despite the fact that the identification was not the product of unduly suggestive police procedures. [read post]
New York Criminal Defense - http://newyorkcriminaldefense.blogspot.com/
USSC Limits (But Does Not End) Use of Acquitted Conduct in Federal Sentencing
7 May 2024, 2:47 pm by Michael Lowe
Certiorari was not granted in McClinton v. [read post]
Dallas Criminal Defense Lawyer Blog - http://www.dallasjustice.com/dallascriminallawyerblog
TikTok v. Garland: A full rundown of the Constitutional issues
7 May 2024, 1:11 pm by Evan Brown
This is the standard applied to content-neutral time, place, and manner restrictions. [read post]
Internet Cases - http://blog.internetcases.com
TikTok v. Garland: A full rundown of the Constitutional issues
7 May 2024, 1:11 pm by Evan Brown
This is the standard applied to content-neutral time, place, and manner restrictions. [read post]
Internet Cases - http://blog.internetcases.com