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Coupled with plaintiff's testimony that all the other doors in the building had doorstops, an issue of fact exists as to whether defendants should have noticed the "visible and apparent" condition that the subject door was missing a doorstop, posing a foreseeable risk that the door could slam a person's hand into the wall (Hutchinson v Sheridan Hill House Corp., 26 NY3d 66, 83 [2015] [internal quotation marks omitted]).THIS CONSTITUTES THE DECISION AND ORDER OF THE… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Defendant school deemed to have "constructive notice of a condition and a reasonable time to correct or warn about its existence" that caused an injury to a teacher

15 May 2024, 10:00 am by Public Employment Law Press

Coupled with plaintiff's testimony that all the other doors in the building had doorstops, an issue of fact exists as to whether defendants should have noticed the "visible and apparent" condition that the subject door was missing a doorstop, posing a foreseeable risk that the door could slam a person's hand into the wall (Hutchinson v Sheridan Hill House Corp., 26 NY3d 66, 83 [2015] [internal quotation marks omitted]).THIS CONSTITUTES THE DECISION AND ORDER OF THE… [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Selected List of Opinion Summaries Published by Justia, Week Ending May 10, 2024

15 May 2024, 8:45 am by David Badertscher

We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. [read post]

Criminal Law Library Blog - http://www.criminallawlibraryblog.com/

Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

15 May 2024, 7:41 am by Eric Goldman

If not, a little background is in order. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

Guest Post: The German D&O Procurement Clause Revisited

15 May 2024, 6:02 am by Kevin LaCroix

In the opinion of the appellate court, this was usually the task of the accounting department; the company management was not affected. [read post]

The D & O Diary - http://www.dandodiary.com/

The concept of the separation of powers indicates no single branch of government may assume the power of another branch of government

15 May 2024, 6:00 am by Public Employment Law Press

Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 9, 2024CV-23-1778[*1]Andrew M. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

The concept of the separation of powers indicates no single branch of government may assume the power of another branch of government

15 May 2024, 6:00 am by Public Employment Law Press

Cuomo v New York State Commn. on Ethics & Lobbying in Govt.2024 NY Slip Op 02568Decided on May 9, 2024Appellate Division, Third DepartmentPowers, J.Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.This opinion is uncorrected and subject to revision before publication in the Official Reports.Decided and Entered:May 9, 2024CV-23-1778[*1]Andrew M. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Prejudice, Propensity, and Probative Value: Stormy Daniels Edition

15 May 2024, 5:44 am by Michael C. Dorf

I express no opinion about that issue. [read post]

Dorf on Law - http://www.dorfonlaw.org/

TTAB Orders Cancellation of "THE PLIMSOULS" Registration on Ownership and Likelihood of Confusion Grounds, Rejects Abandonment Claim

15 May 2024, 3:46 am

Edward David Munoz, Cancellation No. 92076883 (May 8, 2024) [not precedential] (Opinion by Judge Michael B. [read post]

The TTABlog - http://thettablog.blogspot.com/

EntertainHR: Workers of the Michael Scott Paper Company, Unite!

15 May 2024, 3:30 am by Rob Entin, FordHarrison

And while this will be the new world order for at least a few months, employers (especially non-union ones) should consider the following: Be vigilant about known safety hazards. [read post]

Human Resources News - https://hrdailyadvisor.blr.com/

Comprehensive Timeline on False Electors Scheme in 2020 Presidential Election

14 May 2024, 10:15 pm by Ryan Goodman

The false alternate slate of electors was a “critical” part of the Trump-John Eastman conspiracy, according to a federal district court opinion issued in June. [read post]

Just Security - https://www.justsecurity.org/

UK High Court rules parts of Police Act breach European Convention on Human Rights

14 May 2024, 3:30 pm by Alexis Boddy | City Law School, U. of London, GB

The judge stated that certain amendments to the Criminal Justice and Public Order Act 1994 (CJPO) introduced by the Police Act 2022 were in breach of Article 14 of the ECHR, read alongside Article 8 of the right to privacy and a family life. [read post]

JURIST - Paper Chase - https://www.jurist.org/news/

D.K. v. Office of Admin. Hrgs. (Cal. Ct. App. - May 14, 2024)

14 May 2024, 1:14 pm

The opinion only uses the acronym three times. [read post]

California Appellate Report - http://calapp.blogspot.com/

Ninth Circuit Rejects Full En Banc Petition in Oak Flat Case

14 May 2024, 12:55 pm by Matthew L.M. Fletcher

Here is the amended opinion and the order denying en banc review before the full court. [read post]

Turtle Talk - https://turtletalk.blog/

[Eugene Volokh] Can Nonprofits That Help Organize Protests Lose Their Tax Exemptions?

14 May 2024, 10:27 am by Eugene Volokh

This was first made clear in Justice Brennan's opinion in Speiser v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

PREP Act Immunity and its Silent Treatment of Intellectual Property Rights

14 May 2024, 10:02 am by Dennis Crouch

Judge John Woodcock is now the presiding judge. = = = Judge Stark wrote the court’s opinion, joined by Judges Cunningham and Bryson. [read post]

Patently-O - https://patentlyo.com