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Village sued to recover damages for alleged negligent hiring, retention, supervision, and training of a sworn officer employed by the village's police department
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A Tangled Mess in a Short Sale
22 May 2024, 4:03 am by Andrew Lavoott Bluestone
Group 48, LP v. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Progressives Need to Take the Gloves Off and Play Hardball with Our Rogue Supreme Court
21 May 2024, 9:01 pm by Austin Sarat
The United States Supreme Court has gone rogue. [read post]
Verdict - http://verdict.justia.com/
Can an Automobile Exclusion Have Multiple Meanings?
21 May 2024, 1:15 pm by Tobin Admin
In a recent case, a motorcyclist was fatally injured in an accident when his bike was struck by a car on a state highway. [read post]
Tobin Injury Law Blog - https://www.tobininjurylaw.com/blog/
Federal Circuit Overrules Rosen-Durling Test for Design Patent Obviousness
21 May 2024, 9:45 am by Dennis Crouch
LKQ Corp. v. [read post]
Patently-O - https://patentlyo.com
Case Summaries: Fourth Circuit Court of Appeals (April 2024)
21 May 2024, 8:17 am by Phil Dixon
Under Illinois v. [read post]
North Carolina Criminal Law Blog - http://nccriminallaw.sog.unc.edu/
Generative AI and transparency of databases and their content, from a copyright perspective
21 May 2024, 5:55 am by itars sis
For instance in Tremblay et al. v. [read post]
Center for Art Law Blog - http://itsartlaw.com
[Stephen Halbrook] Second Amendment Roundup: Just in Time for the Supreme Court to Consider in Rahimi
20 May 2024, 8:05 pm by Stephen Halbrook
The Ninth Circuit, in U.S. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Reading the Tea Leaves on Marijuana Rescheduling
20 May 2024, 1:07 pm by David Pozen
Schedule I of the CSA imposes a complete criminal ban; schedules II through V allow drugs to be prescribed under certain conditions. [read post]
Balkinization - http://balkin.blogspot.com/
The Constitution of the War on Drugs: Response to Commentators
20 May 2024, 8:40 am by David Pozen
By contrast, Paul-Emile’s theory might suggest a revisionist reading of Gonzales v. [read post]
Balkinization - http://balkin.blogspot.com/
Saving the Consumer Financial Protection Bureau (and the Constitution) from the Courts, by Christine Kexel Chabot
20 May 2024, 8:06 am by Guest Author
Seven Justices found that the text and history of the Appropriations Clause favored the Bureau. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Nuts & Bolts of Int’l Criminal Court Arrest Warrant Applications for Senior Israeli Officials and Hamas Leaders
20 May 2024, 7:24 am by Tom Dannenbaum
Warrants would also provide the focal point for political and legal mobilization in third states, including the United States, making it harder to sustain military aid to Israel. [read post]
Just Security - https://www.justsecurity.org/
Guest Post: Standardizing Early Case Appraisal in Securities Class Actions
20 May 2024, 6:26 am by Kevin LaCroix
The efficient markets hypothesis is over 50 years old.Basic v. [read post]
The D & O Diary - http://www.dandodiary.com/
[Josh Blackman] An Interview with Judge Matthew Solomson About the Columbia Boycott
20 May 2024, 5:00 am by Josh Blackman
  Justifying Hamas's murderous pogrom by saying Israel deserved what it got is nothing less than supporting a terrorist organization – the same as blaming the United States for 9/11. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Discussing Stern’s “Myth of Nonrivalry” for Patent Law
19 May 2024, 12:40 pm by Dennis Crouch
Oil States Energy Servs., LLC v. [read post]
Patently-O - https://patentlyo.com
eWriters and Protests
18 May 2024, 2:48 pm by Larry
The basis for this decision is explained in Cyber Power Systems (USA) Inc. v. [read post]
Customs Law - http://customslaw.blogspot.com/
2024-05-15 U.S. District Court Grants 10(j) Injunctive Relief and Requires Employer to Bargain With Union That Lost Secret Ballot Election
17 May 2024, 4:03 pm by Bianca Rodriguez, Keahn Morris, John Bolesta and James Hays
 In the 1969 case NLRB v. [read post]
Labor & Employment Law Blog - http://www.laboremploymentlawblog.com/
[John Ross] Short Circuit: A Roundup of Recent Federal Court Decisions
17 May 2024, 1:07 pm by John Ross
 Second Circuit: Factual disputes over the meal denial mean that summary judgment in favor of the prison was inappropriate. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Sachs on Dobbs and Originalism
17 May 2024, 8:55 am by Lawrence Solum
Here is the abstract: Though often hailed as an originalist triumph, Dobbs v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
[Eugene Volokh] "After Edokobi's Employees Left, Smith Cast 'Evil Curses" upon Edokobi's Life and Business"—But Not Libelous Ones
17 May 2024, 5:01 am by Eugene Volokh
From Edokobi v. [read post]
The Volokh Conspiracy - http://www.volokh.com/