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6 Dec 2018, 4:00 am by Public Employment Law Press
 Accordingly, in Martin v Ambach, 67 NY2d 975, the Court of Appeals held that to determine whether charges were properly brought under Education Law §3020-a, the proper standard is “preponderance of evidence”, not substantial evidence.The Appellate Division then pointed out that where the obligation to arbitrate arises through a statutory mandate such as §3020-a, the hearing officer's determination is subject to closer judicial scrutiny under CPLR… [read post]
6 Dec 2018, 4:00 am by Public Employment Law Press
 Accordingly, in Martin v Ambach, 67 NY2d 975, the Court of Appeals held that to determine whether charges were properly brought under Education Law §3020-a, the proper standard is “preponderance of evidence”, not substantial evidence.The Appellate Division then pointed out that where the obligation to arbitrate arises through a statutory mandate such as §3020-a, the hearing officer's determination is subject to closer judicial scrutiny under CPLR… [read post]
The Martin opinion indicates that Martin acquiesced in the blood draw, but that might have been only because the officer led him to believe he had no choice in the matter. [read post]
7 Oct 2018, 8:59 am by Omar Ha-Redeye
Martin; Nova Scotia (Workers’ Compensation Board) v. [read post]
3 Oct 2018, 3:00 am by Robert Kreisman
  In granting the plaintiff a new trial, the court committed legal error in ruling that the sole proximate cause instruction and IPI Civil No. 12.04 was incorrectly given as a matter of law. [read post]
31 Aug 2018, 6:29 am by MBettman
The state had argued quite heatedly that R.C. 2125.021(F)(1)(b) could never be applied to violent offenses. [read post]
27 Aug 2018, 3:41 pm by Wolfgang Demino
Because LIBOR is now much lower now than it was in 2005, the first error results in a substantially inflated amount of interest.The second error is no matter of small potatoes either. [read post]
7 Aug 2018, 10:46 am by Angelo A. Paparelli
In California (and for that matter, throughout the United States), FDNS officers always appear unannounced at businesses and demand that employers provide them with access to nonpublic worksite areas and access to specific employees, while proffering nothing more “official” than the enforcement agent’s business card. [read post]
7 Aug 2018, 10:46 am by Angelo A. Paparelli
In California (and for that matter, throughout the United States), FDNS officers always appear unannounced at businesses and demand that employers provide them with access to nonpublic worksite areas and access to specific employees, while proffering nothing more “official” than the enforcement agent’s business card. [read post]
2 Aug 2018, 11:02 am by Neoshia Roemer
Please see the relevant documents below. 156 6-7-18 Minute Order re Show Cause 159 6-29-18 Plaintiffs’ Brief re Show Cause Order 160-1 6-29-18 Exhibit A Letter from PDAS John Tahsuda to Roswell Cline 160-2 6-29-18 Exhibit B Letter from WSBA re Connie Sue Martin 161 7-3-18 Response of Kelly Defendants to Order to Show Cause re Dismissal for Lack of Subject Matter Jurisdiction 164 7-13-18 Defendant Chief Judge Raymond G Dodge Jr’s Response to Order to Show Cause… [read post]
26 Jul 2018, 4:00 am by Administrator
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
13 Jul 2018, 6:19 am
Runnells Martin and Michelle Davis, Skadden, Arps, Slate, Meagher & Flom LLP, on Monday, July 9, 2018 Tags: Boards of Directors, Conflicts of interest, Delaware cases, Delaware law, DGCL Section 220, Fiduciary duties, Mergers & acquisitions, Shareholder voting Are Merger Clauses Value Relevant to Target and Bidder Shareholders? [read post]
10 Jul 2018, 4:00 am by Public Employment Law Press
Ortiz asked the CAAF to review the matter, challenging the qualification of one of its members, Colonel Martin Mitchell, to serve on the CCA panel because he had been appointed to the Court of Military Commission Review (CMCR) by the Secretary of Defense. [read post]
7 Jul 2018, 12:29 pm by Amy Howe
Kethledge stressed that federal courts “have long recognized” the distinction between the substance of a communication, which is entitled to privacy, and the “information necessary to get those communications from point A to point B,” which is not. [read post]