Search for: "Soling v. New York State"
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15 Feb 2017, 5:45 am
In the United States statutes do not exist alone—the sole expression of the power of the people to govern themselves. [read post]
9 Aug 2014, 1:19 pm
As part of the standard settlement paperwork, the City sends plaintiff a General Release that contains language that reads:Know that I, [PLAINTIFF], . . . in consideration of the payment of Twenty Thousand ($20,000,00) DOLLARS to me by the City of New York, do hereby release and discharge the defendants The City of New York, . . . theìr successors or assigns; and all past and present officials, employees, representatives, and agents of the City of… [read post]
26 Mar 2018, 5:35 am
Unfortunately, she was unable to sustain a private practice and settled back in New York, becoming a teacher and marrying. [read post]
6 Aug 2012, 2:28 pm
” The United States District Court for the Southern District of New York had granted the defendant’s motion to dismiss on preemption grounds. [read post]
21 Jul 2023, 6:00 am
In New York, specific personal jurisdiction is obtained through New York’s long-arm statute (CPLR 302).CPLR 302 (a) (1) states:“a court may exercise personal jurisdiction over any non-domiciliary… who… (1) transacts any business within the state or contracts anywhere to supply goods or services in the state. [read post]
26 Dec 2011, 3:00 am
His last message to me was an email forwarding a post he wrote about the New York Court of Appeals' decision last week in the Roni LLC v. [read post]
21 Jan 2015, 2:02 pm
In a few states like New York, the definition of blight is broad and lacks clarity making it easier for governments to misuse this designation in order to exercise their eminent domain authority. [read post]
17 Mar 2008, 9:17 am
She filed a class action in the Supreme Court of the State of New York, Bronx County. [read post]
3 Jul 2024, 12:32 pm
"Generally, a claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement" (Matter of Losquadro v Nassau County Police Dept., 225 AD3d 1083, 1084 [3d Dept 2024] [internal quotation marks and citations omitted]; accord Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048-1049 [3d Dept 2024]; Matter of… [read post]
3 Jul 2024, 12:32 pm
"Generally, a claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement" (Matter of Losquadro v Nassau County Police Dept., 225 AD3d 1083, 1084 [3d Dept 2024] [internal quotation marks and citations omitted]; accord Matter of Digbasanis v Pelham Bay Donuts Inc., 224 AD3d 1047, 1048-1049 [3d Dept 2024]; Matter of… [read post]
2 Sep 2013, 5:18 pm
Paparelli is a partner at Seyfarth Shaw in New York and Los Angeles. [read post]
9 Sep 2024, 2:53 am
Jingyi Ni v Shenlaw, LLC 2024 NY Slip Op 51148(U) Decided on August 1, 2024 Supreme Court, New York County Lebovits, J. is a fascinating case. [read post]
20 Jan 2011, 3:09 am
Wolk, P.C.; 2011 NY Slip Op 30088(U) ;January 12, 2011 ;Sup Ct, New York County; Docket Number: 600151/2008 Judge: Paul G. [read post]
24 Aug 2023, 6:00 am
Further, said the court, "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law" and "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" (see Matter of Bolt v New York City Dept. of… [read post]
24 Aug 2023, 6:00 am
Further, said the court, "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty or discipline imposed constitutes an abuse of discretion as a matter of law" and "An administrative penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness, thus constituting an abuse of discretion as a matter of law" (see Matter of Bolt v New York City Dept. of… [read post]
25 Jan 2012, 1:24 pm
Padilla’s experience in the U.S. federal court system began with the habeas petition he filed in the Southern District of New York following his May 2002 arrest at O’Hare International Airport in Chicago. [read post]
6 Mar 2014, 12:41 pm
April 11, 2013) ("[the drug] is approved by the FDA, and therefore, this approval is a complete defense to a [New York law] claim"); Cytyc Corp. v. [read post]
14 Aug 2018, 7:25 am
A week before trial started, the district court, noting the pre-trial filings focused solely on the state law claims and that plaintiffs had abandoned their federal claims, sua sponte decided against exercising supplemental jurisdiction over the state law claims, effectively sending the case over to state court. [read post]
20 Aug 2021, 10:21 am
’ ” So too with later claims by the State that defendants had misrepresented internet purchases of cigarettes as tax-free and New York consumers had bought them, depriving the state of tax revenue. [read post]
10 Jul 2014, 3:30 am
In copyright-and-fair-use news, a significant case for the legal profession’s access to the inputs of judicial decision-making was decided last week in federal district court in New York. [read post]
