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12 Feb 2022, 2:00 am by Katharine Van Tassel
Rachel Rein (Columbia University), Clear but Unconvincing: Revisiting Addington v. [read post]
28 Mar 2016, 4:00 am by The Public Employment Law Press
Name clearing hearingsChang v Department of Educ. of the City of New York, 2016 NY Slip Op 02018, Appellate Division, First DepartmentThe New York City Department of Education [Department] terminated Tzefang Frances Chang’s contract as a bilingual speech pathologist. [read post]
14 Jan 2011, 3:28 am
Name clearing hearingsOrtiz v Ward, 546 NY2d 624The Appellate Division, 1st Department, was asked to consider the issue of the right of a probationer discharged after the employer determines that he or she has not satisfactorily completed his or her probationary period to either (1) a "pre-termination hearing" before being discharged or (2) a “name-clearing hearing" following his or her termination.As to the right to a "pre-termination… [read post]
21 Oct 2010, 3:16 am
Name-clearing hearingsAquilone v City of New York, 262 AD2d 13, Motion for leave to appeal denied, 93 NY2d 819A public employee who has been terminated from his or her position may be entitled to a name-clearing hearing if the reasons for his or her separation have been made public by the employer and those reasons tend to “stigmatize” the individual.The Aquilone case addresses whether a retiree who continues to work as a consultant to the employer is entitled… [read post]
19 Jan 2008, 4:11 am
I've been reading the report of L v L (Ancillary Relief) in this month's Family Law, and am impressed by its clear logic in applying the guidance provided by the Court of Appeal in Charman (see this post). [read post]
10 Mar 2020, 8:10 am by tortsprof
Eric Lindenfeld has posted to SSRN Clear Evidence Clarified. [read post]
15 Aug 2010, 9:00 pm by Adjunct LawProfs
Browne v City of New York, 2010 NY Slip Op 04583, Decided on May 25, 2010, Appellate Division, Second Department [Browne II] In general, a name-clearing hearing is to provide an employee who claims that he or she has been... [read post]
19 Aug 2008, 6:45 pm
Seton Hall law professor and Credit Slips guest blogger Stephen Lubben wrote and asked me if we were going to say anything about the opinion of the Ninth Circuit Bankruptcy Appellate Panel in Clear Channel Outdoor, Inc. v. [read post]
3 Jun 2010, 7:55 pm
Concerning name-clearing hearingsBrowne v City of New York, 2010 NY Slip Op 04583, Decided on May 25, 2010, Appellate Division, Second Department [Browne II]In general, a name-clearing hearing is to provide an employee who claims that he or she has been “stigmatized” by his or her employer with an opportunity to clear his or her name* The individual seeking such a hearing has the burden of proof in the proceeding.Typically the individual seeks a… [read post]
22 May 2019, 4:40 am by tortsprof
Levine's "clear evidence" standard contemplates an... [read post]
9 Oct 2019, 6:05 am
The Delaware Court of Chancery’s recent decision, Genuine Parts Company v. [read post]
1 Nov 2018, 11:58 am by Steve Bainbridge
Synutra, and began to clear up some of the questions left open after its earlier decision in Kahn v. [read post]
29 Jun 2009, 7:41 am
The Supreme Court delivered its decision in Cuomo v. the Clearing House Association today. [read post]