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8 Jun 2022, 8:29 am
Because we are prohibited, pursuant to a consent decree from publicly even mentioning the name of a particular Listserv which begins with the letter F- so let's call it "the F word" , we must speak hypothetically, lest we find ourselves in a Dep/Hurd-like defamation lawsuit. [read post]
14 Mar 2019, 1:18 pm by Native American Rights Fund
Dep't of the Interior confused agency overlap with preclusion: BLM had authority to promulgate the fracking rule for public lands, not tribal lands. [read post]
23 Aug 2018, 11:00 pm by Public Employment Law Press
Dep’t of Health, 4 N.Y. 3d 133, Judge Lewis explained that "Charges in administrative proceedings must apprise the party whose rights are being determined of the charges against him ... to allow for the preparation of an adequate defense. [read post]
14 Oct 2022, 5:00 am by Public Employment Law Press
Dep’t of Educ., 982 F.3d 86, the Circuit Court opined in order to prevail, a government employee or contractor must establish that "(1) his speech was protected by the First Amendment; (2) he suffered an adverse employment action by the [employer]; and (3) there was a causal connection between the adverse action and his speech. [read post]
6 Jul 2023, 7:05 am by Allan Blutstein
Dep’t of the Army (D.D.C.) -- awarding plaintiff costs and $111,415 in attorney’s fees—after reducing plaintiff’s fee request for time spent on unsuccessful issues—in case concerning access to Army’s mental-fitness questionnaire and related records. [read post]
25 Jun 2021, 11:26 am by Lawrence B. Ebert
Reg. 48,612, 48,617 (Dep’t of Commerce Aug. 14, 2012), and noted that without the rule, the Board would be forced to “play archeologist with the record” for arguments that might have been made outside the parties’ briefing, id. [read post]
3 Jun 2014, 4:53 pm
Oregon Dep't of Revenue was brought to my attention. [read post]
14 Oct 2022, 5:00 am by Public Employment Law Press
Dep’t of Educ., 982 F.3d 86, the Circuit Court opined in order to prevail, a government employee or contractor must establish that "(1) his speech was protected by the First Amendment; (2) he suffered an adverse employment action by the [employer]; and (3) there was a causal connection between the adverse action and his speech. [read post]
17 Nov 2014, 5:12 am by Jon Hyman
Middlefield Volunteer Fire Dep’t, the 6th Circuit held that a “volunteer” can qualify as an employee covered by Title VII under certain limited circumstances. [read post]
4 Dec 2023, 7:00 am by Public Employment Law Press
Ohio Dep't of Rehabilitation & Correction Criminal Law, Government and Administrative Law Supreme Court of Ohio   Stufkosky v. [read post]
13 Feb 2013, 11:19 am
Additionally, a new permit-by-rule was adopted so that those reconstructing and elevating buildings under the state's elevation standard will not need to secure a permit from the Department of Environmental Protection (DEP), nor pay the fee typically charged for a Flood Hazard Area permit. [read post]
2 Oct 2021, 6:51 pm by Allan Blutstein
Dep't of Veterans Affairs (D.D.C.) -- holding that agency properly relied on Exemption 6 to withhold records identifying a third party who filed a complaint against plaintiff.Wash. [read post]
14 Feb 2013, 9:05 am by Second Circuit Civil Rights Blog
In other words, Sousa lost under what we call Pickering balancing.Anyway, after that case ended, Sousa learned through a Freedom of Information request that his employer “discovered and concealed strong evidence in favor of [Sousa’s] contention that workplace violence was a serious and ongoing problem at the DEP and had chosen not to interview other witnesses who would have testified to the same effect. [read post]
14 Mar 2019, 1:18 pm by Unknown
Dep't of the Interior confused agency overlap with preclusion: BLM had authority to promulgate the fracking rule for public lands, not tribal lands. [read post]