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" The Plaintiffs argued that the Appellate Division's holding is inconsistent with the reasoning underlying the "integral part of the construction" exception because it extends the exception so far beyond the Court's decision in O'Sullivan v IDI Const. [read post]
25 Oct 2011, 1:12 pm by Wystan M. Ackerman
Coffee said we should all keep our eyes out for the Third Circuit’s forthcoming en banc opinion in Sullivan v. [read post]
18 Apr 2023, 4:00 am by Second Circuit Civil Rights Blog
The district court dismissed the case under Rule 12 for failure to state a claim, but the Court of Appeals (Sullivan, Chin and Bianco) reinstates the claim.How does this case fare under Littlejohn and Vega? [read post]
7 Feb 2018, 12:00 am by Public Employment Law Press
At the same time, courts recognize that every disciplinary situation is different and are pre-disposed to accord “much deference” to the employer’s determination regarding the penalty to be imposed [Ahsaf v Nyquist, 37 NY2d 182], especially with respect to quasi-military organizations such as a police department or a similar law enforcement agency [Kelly v Safir, 96 NY2d 32].In Gradel v Sullivan Co. [read post]
21 Feb 2022, 12:24 am by INFORRM
An appeal is expected, which would give the Supreme Court the opportunity to reconsider the so-called “Sullivan standard,” which states that is ought to be difficult for any public official to prove that a falsehood was damaging enough to surmount First Amendm [read post]
19 Apr 2021, 7:48 am by Peter Margulies
Circuit stayed a decision by Judge Emmet Sullivan of the U.S. [read post]
11 Jan 2024, 9:05 pm by Gianna Hill
Supreme Court’s decision in West Virginia v. [read post]
16 Sep 2011, 5:42 pm by Brian Shiffrin
In other words, the state prisoner must give the state courts an opportunity to act on his claims before he presents those claims to a federal court in a habeas petition.Interpreting this exhaustion requirement, the United States Supreme Court in O’Sullivan v Boerckel (526 U.S. 838 [1999]) held that a prisoner who fails to present his claims in a petition for discretionary review to a state court of last resort has not properly presented… [read post]