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The claimant for retirement benefits pursuant to the Retirement and Social Security Law bears the burden of proving entitlement to such claimed benefits
27 Jun 2023, 6:00 am by Public Employment Law Press
Addressing the merits of Plaintiff's appeal, the Appellate Division noted that "[t]he comptroller is charged with the responsibility of determining service credits for retirement purposes and [the] determination will be upheld if rational and supported by substantial evidence", citing Matter of Rispoli v DiNapoli, 180 AD3d 1127. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The claimant for retirement benefits pursuant to the Retirement and Social Security Law bears the burden of proving entitlement to such claimed benefits
27 Jun 2023, 6:00 am by Public Employment Law Press
Addressing the merits of Plaintiff's appeal, the Appellate Division noted that "[t]he comptroller is charged with the responsibility of determining service credits for retirement purposes and [the] determination will be upheld if rational and supported by substantial evidence", citing Matter of Rispoli v DiNapoli, 180 AD3d 1127. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The text "presumption of validity" can be excluded from patent trial proceedings [!]
16 Mar 2017, 8:41 am by Lawrence B. Ebert
., 363 F.3d 1247, 1258-59 (Fed. [read post]
IPBiz - http://ipbiz.blogspot.com/
The Grand Jury, the Email and the Work Product Privilege
10 Feb 2017, 2:31 pm
Shortly after Doe's deposition, the Indiana plaintiffs settled their claims for approximately $260,000, about 10% of the value attorneys for the plaintiffs had put on them.In re Grand Jury Matter #3, supra.The opinion goes on to explain that[t]hereafter the Government empaneled a grand jury to investigate Doe and his business associate. [read post]
CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/
Section 230 Protects YouTube’s Removal of User’s Videos–Lancaster v. Alphabet
12 Jul 2016, 10:03 am by Eric Goldman
Google Inc., 695 F. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Fox hurts America yet again, losing fair use sj motion
13 Feb 2015, 7:59 am by Rebecca Tushnet
Ctr. for Bio-Ethical Reform, 868 F. [read post]
43(B)log - http://tushnet.blogspot.com/
Innovator Liability at 100
18 Jul 2014, 11:55 am
  Wife puts New Baby’s carseat in the front seat, and plows into a telephone pole (or something else, it really doesn't matter). [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Law School Canons: All Roads Lead to Rome: Preserving an Issue for Appeal
17 Aug 2021, 3:00 am by Avery Welker
However, that isn’t the only road that leads to Rome! [read post]
Patently-O - http://patentlyo.com/patent
Fashion photos: despite brawl, copyright belongs to photographer
28 Nov 2007, 5:02 am
Putruss, --- F. [read post]
43(B)log - http://tushnet.blogspot.com/
Board finds no inconsistency with relying on Official Notice for a claimed feature while also asserting that this feature isn't supported by Applicant's sparse description
10 Dec 2014, 9:50 am
See In re Zurko, 258 F.3d at 1386. [read post]
All Things Pros - http://allthingspros.blogspot.com/
IBM wins reversal of Alice rejections for targeted ad delivery at airports
9 May 2018, 12:35 am
AT&T Mobility LLC, 827 F.3d1341, 1349-50 (Fed. [read post]
All Things Pros - http://allthingspros.blogspot.com/
IBM wins reversal of Alice rejections for targeted ad delivery at airports
9 May 2018, 12:35 am
AT&T Mobility LLC, 827 F.3d1341, 1349-50 (Fed. [read post]
All Things Pros - http://allthingspros.blogspot.com/
JAMS rules, incorporated by reference, given effect by Fifth Circuit regarding delegation of arbitrability determination to arbitrator
27 Jun 2018, 2:04 pm by MOTP
, 748 F.3d 249, 262 (5th Cir. 2014).[45] Petrofac, 687 F.3d at 675 (quoting AT&T Techs., Inc. v. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
86-Day Delayed Notice of an Approximately $200,000 Claimed Theft Loss Found Inexcusable as a Matter of Law
15 Dec 2015, 8:34 am
Harleysville Grp., Inc., 502 F. [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
KEARSE, JOSEPH F. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A union’s decision to dismiss a meritorious grievance does not constitute a breach of the duty of fair representation in the absence of evidence that the union’s decision was arbitrary or made in bad faith
5 Jun 2024, 7:00 am by Public Employment Law Press
KEARSE, JOSEPH F. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
"The Irony of All of This, Is that They Failed to See the Irony of All This."[1]
21 Feb 2007, 8:00 am
While "Don't Ask, Don't Tell" is a policy with considerable flaws, there is hardly a uniform consensus on the matter. [read post]
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
Means Plus Function; Nonce Words; and En Banc Petitions
18 May 2022, 9:23 am by Dennis Crouch
Williamson reined in those abuses by setting a clear rule: patentees can’t avoid section 112(f) simply by picking a magic word other than “means. [read post]
Patently-O - https://patentlyo.com
This fruit snack is neither fruity nor snacky
16 May 2012, 5:31 am by Rebecca Tushnet
., --- F. [read post]
43(B)log - http://tushnet.blogspot.com/
Playing chicken: "raised without antibiotics" draws lawsuit
18 Apr 2008, 4:01 am
., -- F. [read post]
43(B)log - http://tushnet.blogspot.com/