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An administrative agency is responsible for making the final determination in an administrative appeal and the court's role is limited to determining whether the administrative determination is supported by substantial evidence

11 Apr 2024, 6:00 am by Public Employment Law Press

The Appellate Division opined that "the [Board} is the administrative agency responsible for making the final determination" and the court's role "is to examine whether the [Board's] determination was supported by substantial evidence".Citing Matter of Morgan v Warren County, 191 AD3d 1129, the Appellate Division explained that there must be sufficient findings of facts in the first instance and the Appellate Division could not supply the necessary… [read post]

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

Abscondment dismissal requires proof of no intention to return to work

11 Apr 2024, 5:32 am by Zaid Majiet

Furthermore, once having found that the employee had absconded, the commissioner had failed to consider whether dismissal was the appropriate sanction given the circumstances. [read post]

Global Workplace Insider - http://www.globalworkplaceinsider.com/

Carrier Permitted to Deny Coverage Due to Non-Permissive Use

11 Apr 2024, 5:00 am

In the case of State Farm Mutual Automobile Insurance Company v. [read post]

Tort Talk - http://www.torttalk.com/

How Should a Future Progressive Court Treat Roberts Court Precedents?

11 Apr 2024, 4:00 am by Eric Berger

Holder and Rucho v. [read post]

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

S.D. Ohio District Court, Despite Default, Stays Infringement Action in Favor of Pending TTAB Proceeding

11 Apr 2024, 3:52 am

Instead of deciding that issue, the court chose to stay the lawsuit in favor of an opposition pending between the parties (Opposition No.91264548). 1661, Inc. d/b/a GOAT v. [read post]

The TTABlog - http://thettablog.blogspot.com/

Abscondment dismissal requires proof of no intention to return to work

11 Apr 2024, 1:52 am by Zaid Majiet

Furthermore, once having found that the employee had absconded, the commissioner had failed to consider whether dismissal was the appropriate sanction given the circumstances. [read post]

Financial Institutions Legal Snapshot - http://www.financialinstitutionslegalsnapshot.com/

Contempt and use of documents in CDM proceedings

11 Apr 2024, 1:19 am by David Pocklington

The decision of Joanna Smith J. in Frain & McKinnon v Reeves & Curnock [2023] EWHC 73 (Ch) (at 19), was cited with approval, from which the following relevant principles could be distilled: a. [read post]

Law & Religion UK - https://lawandreligionuk.com

Demise of non-competes? Key takeaways from recent Singapore judgments striking down non-compete and other restrictive covenants

10 Apr 2024, 11:57 pm by Wilson Ang and Chen Yan Wang

In this update, we summarise the key takeaways from these two decisions in MoneySmart Singapore Pte Ltd v Artem Musienko [2024] SGHC 94 (MoneySmart) and Shopee Singapore Pte Ltd v Lim Teck Yong [2024] SGHC 29 (Shopee)[1], which highlight the often-unexpected challenges with enforcing restrictive covenants and the importance of carefully drafted restrictive covenants in Singapore. [read post]

Global Workplace Insider - http://www.globalworkplaceinsider.com/

Casola v. Dexcom (9th Cir. - April 10, 2024)

10 Apr 2024, 2:01 pm

That's entirely equitable as well, I think, given the complexity of the underlying issues. [read post]

California Appellate Report - http://calapp.blogspot.com/

Docketing Nightmare: CPA Global wins Despite their Docketing Error; Law Firm still on the hook for Missed Deadline

10 Apr 2024, 7:11 am by Dennis Crouch

Robinson v. [read post]

Patently-O - https://patentlyo.com

A closer look at SEC’s jury win in Terraform crypto fraud action

10 Apr 2024, 7:02 am by Unknown

The jury’s findings provide a look at what fact-finders might find in similar crypto enforcement actions (SEC v. [read post]