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13 Mar 2018, 1:52 pm
The standard for confusion is rather low, as eloquently explained by Justice Foster in Morningstar Corp Society v Express Newspaper [1979] FSR. 113: “if a moron in a hurry would be misled. [read post]
23 Apr 2010, 9:05 am by Lyrissa Lidsky
As readers of this blog probably know by now, United States v. [read post]
18 Sep 2023, 7:40 am by Eric Goldman
If not, the court seemingly chose a denominator that led to an artificially low ratio.] [read post]
28 Mar 2023, 6:01 am by Daniel Shaviro
United States, in which taxpayers challenged the constitutionality of the transition tax in the 2017 tax act regarding undistributed earnings from controlled foreign corporations (which were taxed at a low rate in combination with the repeal of deferral, under which they would have been taxable upon repatriation)The taxpayers' challenge is based on the view that Eisner v. [read post]
25 Jan 2021, 9:00 am by Public Employment Law Press
As the Court of Appeals held in Fappiano v New York City Police Dept., 95 NY2d 738, "[a]ll government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law" and further explained in Gould v New York City Police Dept., 89 NY2d 267, a government agency may withhold records sought pursuant to FOIL only if it "articulate[s] particularized and specific justification for not disclosing… [read post]
25 Jan 2021, 12:00 am by Public Employment Law Press
As the Court of Appeals held in Fappiano v New York City Police Dept., 95 NY2d 738, "[a]ll government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law" and further explained in Gould v New York City Police Dept., 89 NY2d 267, a government agency may withhold records sought pursuant to FOIL only if it "articulate[s] particularized and specific justification for not disclosing… [read post]
The raw statistics show a steady stream of new filings, increasing median settlement amounts, and relatively low dismissal rates for existing cases. [read post]