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26 May 2020, 12:00 pm by Public Employment Law Press
"The court also rejected Petitioner's contention that certain determinations made by PERB were not supported by substantial evidence. [read post]
26 May 2020, 12:00 am by Public Employment Law Press
"The court also rejected Petitioner's contention that certain determinations made by PERB were not supported by substantial evidence. [read post]
7 Apr 2020, 6:49 am by Legal Profession Prof
Dan Trevas previews an oral argument today before the Ohio Supreme Court Erie-Huron County Bar Association v. [read post]
29 Mar 2020, 10:43 am by John Hochfelder
The Erie County jury awarded her pain and suffering damages in the sum of $374,000 ($108,000 past – three years, $266,000 future – 20 years). [read post]
23 Mar 2020, 3:05 pm by Stephen Bilkis
In a case where the defendant faced a burglary charge, the Supreme Court, Erie County,  granted the defendant’s motion seeking to suppress physical evidence and statements on the ground that the police lacked justification for detaining and searching him. [read post]
11 Mar 2020, 8:26 pm by Public Employment Law Press
[A] penalty must be upheld unless it is so disproportionate to the offense as to be shocking to one's sense of fairness'" (Matter of County of Erie v New York State Div. of Human Rights, 121 AD3d 1564, 1566 [4th Dept 2014], quoting Matter of Kelly v Safir, 96 NY2d 32, 38 [2001]; see also Matter of New York State Div. of Human Rights v International Fin. [read post]
5 Mar 2020, 3:59 pm by Josh Blackman
Law students, weaned on Erie, are lead to believe forum shopping is bad. [read post]
4 Mar 2020, 4:00 pm by Public Employment Law Press
While OCA may have a preference for those with a minimal amount of hearing acuity might be a bona fide occupational qualification, the court opined that its preference for hearing acuity without the use of a hearing aid is not.Citing Matter of County of Erie v New York State Div. of Human Rights, 121 AD3d 1564, the Appellate Division noted that "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty ...… [read post]
4 Mar 2020, 4:00 pm by Public Employment Law Press
While OCA may have a preference for those with a minimal amount of hearing acuity might be a bona fide occupational qualification, the court opined that its preference for hearing acuity without the use of a hearing aid is not.Citing Matter of County of Erie v New York State Div. of Human Rights, 121 AD3d 1564, the Appellate Division noted that "Judicial review of an administrative penalty is limited to whether the measure or mode of penalty ...… [read post]
29 Feb 2020, 12:31 pm by Jeff DeFrancisco
Facts of the Case In a case arising in the Supreme Court of Erie County, the plaintiff was the administratrix of the estate of a man who died from acute respiratory failure following a hypoxic brain injury that occurred as a result of an emergency tracheostomy that was performed when the man returned to the defendant medical center after he had been dismissed earlier in the day when the defendant anesthesiologist and a nurse (who was employed by the medical center) failed… [read post]
7 Feb 2020, 5:30 am by Daniel E. Cummins, Esq.
Nov. 19, 2019), the Pennsylvania Superior Court ruled that the Pennsylvania Supreme Court decision in Gallagher should be read to apply retroactively. [read post]
9 Jan 2020, 5:00 am by Daniel E. Cummins, Esq.
July 19, 2019), the Pennsylvania Superior Court held that the Lehigh County Court of Common Pleas did not commit any error in a products liability case when it instructed the jury on both the consumer expectation test and the risk-utility test that the Pennsylvania Supreme Court established in the case of Tincher v. [read post]
6 Jan 2020, 6:54 pm by Jean O'Grady
New York Counties are: Bronx, Broome, Cayuga, Erie, Essex Jefferson, Kings, Monroe, Nassau, New York, Niagara, Ontario, Queens, Rensselaer, Richmond, Seneca, Suffolk and Westchester. [read post]
30 Dec 2019, 2:19 am by Peter Mahler
CPAs P.C., 62 Misc 3d 1064, 2019 NY Slip Op 29017 [Sup Ct Erie County Jan. 9, 2019]. [read post]
14 Dec 2019, 3:44 pm by John Hochfelder
In the ensuing medical malpractice wrongful death a lawsuit, the Erie County jury determined that the initial hospital was negligent in the care and treatment rendered to the decedent (in quadrupling her Simvastatin without explanation) and they awarded pre-death pain and suffering damages in the sum of $1,000,000 (five weeks). [read post]
6 Nov 2019, 10:16 am by Thaddeus Mason Pope, JD, PhD
Nearly two weeks ago, 21-year-old Damaire Gordon Friday died at Erie County Medical Center. [read post]