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10 Sep 2018, 3:43 am by Peter Mahler
In Feldmeier v Feldmeier Equipment, Inc., 2018 NY Slip Op 05893 [4th Dept Aug. 22, 2018], the Albany-based Appellate Division, Fourth Department, over a one-judge dissent, affirmed a decision and order issued by Justice Donald A. [read post]
21 Aug 2018, 4:00 am by Public Employment Law Press
" Finally, under the circumstances of this case, the Appellate Division concluded that the penalty of dismissal from SUNY Albany imposed on Petitioner was not disproportionate to the offense, citing Lampert v State Univ. of N.Y. at Albany, 116 AD3d 1292, leave to appeal denied, 23 NY3d 908. [read post]
2 Aug 2018, 4:18 am by Andrew Lavoott Bluestone
New York County 2012), citing, Mosher-Simons v County of Allegany, 99 NY2d 214, 219, 783 N.E.2d 509, 753 N.Y.S.2d 444 (2002), quoting Tarter v State of New York. 68 NY2d 511, 518, 503 N.E.2d 84, 510 N.Y.S.2d 528 (1986). [read post]
30 Jul 2018, 10:44 am by Lisa Ouellette
Jonathan Masur – "The outcome in Oil States provides a possibly counter-intuitive answer as to whether panel stacking by the PTO director will remain permissible. [read post]
30 Jun 2018, 2:50 pm by Eugene Volokh
Many of our readers were interested in Joanna Schwartz's recent posts on rethinking qualified immunity, so I thought I'd note that yesterday the Iowa Supreme Court considered the closely related question of qualified immunity in state constitutional lawsuits (Baldwin v. [read post]
13 Jun 2018, 7:06 am by Joanna Schwartz
.'" Indeed, the Court has stated—and regularly restated—that government officials violate clearly established law only when "'[t]he contours of [a] right [are] sufficiently clear' that every 'reasonable official would [have understood] that what he is doing violates that right.'" The challenge of identifying clearly established law is heightened further by the Court's decision in Pearson v. [read post]
2 Jun 2018, 4:52 am by SHG
But § 1983 only applies to state actors. [read post]