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15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
15 May 2024, 10:00 am by Public Employment Law Press
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which… [read post]
9 Apr 2024, 7:03 am by Robin E. Kobayashi
As noted in a recent decision from New York, Matter of Kennedy v. 3rd Track Constructors , 213 A.D.3d 1005, 182 N.Y.S.3d 803 (3d Dept. 2023) [see § 39.03, n. 23.3], the imposition of disqualification penalties must be proportionate to the unethical conduct. [read post]
1 Feb 2023, 7:31 am
Do Dobbs, Bruen, and Kennedy represent a new theory of constitutional interpretation and construction based on history and tradition? [read post]
4 Nov 2021, 2:05 pm by Jordan Bierkos
This practice is known as “incorporation by reference”, and in the construction industry often involves the incorporation of language from prime or “head” contracts into subcontracts. [read post]
19 Apr 2021, 10:20 am by William Ford, Victoria Gallegos
.: The Harvard Kennedy School’s Belfer Center will host a virtual talk on the future of Afghanistan. [read post]
22 Mar 2021, 8:01 am by William Ford, Victoria Gallegos
Mike Nagata, senior vice president of CACI International Inc.; retired Lt. [read post]
15 Dec 2020, 3:46 am by Chukwuma Okoli
  Written by Anthony Kennedy, Barrister at Serle Court This is the second online symposium on Private International Law in Nigeria initially announced on this blog. [read post]
9 Apr 2020, 2:56 pm by Unknown
”  On March 5th, Representative Kennedy introduced HB20-1348, to legislatively overturn the Ferrer decision and to allow a plaintiff to bring additional negligence claims against an employer after it has admitted liability for its employee’s negligence. [read post]