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5 Jun 2009, 10:44 am
An employee who claims to have suffered injuries proximately caused by a previously identified and unremedied structural defect or unsafe condition affecting an item of power-operated heavy equipment or machinery has stated a cause of action under Labor Law §241(6) based on an alleged violation of 12 NYCRR 23-9.2(a), held the Court of Appeals in Misicki v. [read post]
4 Dec 2009, 11:47 am
To which I'll add that under this same theory, commissioners also would be exercising "subordinate" judicial power if they simply took all of the habeas petitions and dumped them in the shredder. [read post]
1 May 2012, 2:00 am by Keith Paul Bishop
  Article III, Section 3 provides: The powers of state government are legislative, executive, and judicial. [read post]
8 Feb 2016, 4:00 am by The Public Employment Law Press
”Citing Patrolmen’s Benevolent Association of the City of New York v PERB, 6 NY3d 563 and Town of Wallkill v CSEA, Town of Wallkill Police Department Unit, 19 NY3d 1066, the court said “as the [Nassau] County Legislature expressly committed disciplinary authority over the Nassau County Police Department to the Commissioner of Police, collective bargaining over disciplinary matters was prohibited. [read post]
30 Oct 2018, 4:50 am by Graham Smith
  That should become clearer after the outcome of Liberty’s appeal to the Court of Appeal in its judicial review of the Act and various pending references to the CJEU.Meanwhile the recent Strasbourg judgment in Big Brother Watch v UK (yet to be made final, pending possible referral to the Grand Chamber) has exposed a separate set of flaws in the IP Act’s predecessor legislation, the Regulation of Investigatory Powers Act 2000 (RIPA). [read post]
13 Nov 2014, 5:49 am by Ayesha Christie, Matrix
In finding that the retention of the appellant’s personal data amounted to an interference with his right to respect for privacy under art 8(1), the court referred to the decisions of Strasbourg in Marper and the Supreme Court in R (GC) v Metropolitan Police Commissioner [2011] 3 All ER 859. [read post]
25 Oct 2019, 7:28 am by John Jascob
The district court also reopened the case and directed the parties to either reach a new settlement or to prepare to agree to a trial date at a hearing set for late November (CFTC v. [read post]
1 Sep 2010, 3:35 am by Adam Wagner
R (C) v Commissioner of the Police of the Metropolis [2010] WLR (D) 193 – Read judgment Last month, Matt Hill posted on a case relating to the retention of DNA profiles and fingerprints by the police, for which the full judgment is finally available. [read post]
9 Sep 2011, 2:58 am by INFORRM
  Article 8 has had a great impact on UK law on investigatory powers (Regulation of Investigatory Powers Act) and on family law (Tchenguiz v Imerman). [read post]
12 Dec 2015, 7:19 am by INFORRM
Indeed it was this lack of clarity which led the Investigatory Powers Tribunal to rule in the landmark case of Liberty v GCHQ that the regulations which covered GCHQ’s access to emails and phone records intercepted by the US National Security Agency breached Articles 8 and 10 of the European Convention on Human Rights. [read post]
29 Oct 2006, 11:57 pm
Toronto Electric Commissioners v Snider (1925) AG Canada v AG Alberta (the insurance reference) (1916) Montreal v Montreal Street Railway (1912) Download Standard Podcast [read post]
30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]