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11 May 2024, 6:47 am by Mark S. Humphreys
 State Farm participated in the appraisal but did so under a reservation of rights. [read post]
The car owners in this case had argued that due process does give them a right to a prompt hearing under Mathews v. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Although this Court's review is limited to reviewing facts contained in the record (see Matter of Jorling v Adirondack Park Agency, 214 AD3d 98, 101-102 [3d Dept 2023]), we find that respondents' footnote was a permissible statement and argument encompassing the applicable statutory and regulatory authorities governing the handling of an incomplete permit application (see Reed v New York State Elec. [read post]
10 May 2024, 7:04 am by Jay R. McDaniel, Esq.
  They argued the court should follow a 2013 decision from Texas, Rachal v. [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
10 May 2024, 5:10 am by Andrew Lavoott Bluestone
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
10 May 2024, 2:30 am by Brian Cordery (Bristows)
The question was simply whether the two probes could each form stable duplexes so as to get the benefit of two probes rather than one. [read post]