court decisions

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Latest blogosphere posts tagged “court decisions”

• “Yankees Suck” Trademarked

  
  Info/Law — Authority: 103
  … according to The Onion . If my calculations are correct, I owe the Evil Empire approximately $9268.65 plus statutory interest. Coincidentally, this is roughly the same amount as an order of nachos and a domestic beer costs at the new Yankee Stadium. “Interactive media is the next wave,” Cashman said. ...
  1 day ago

• APEC leaders dilute carbon targets

  
  Ohaiyo Business Magazine — Authority: 432
  Prime Minister Kevin Rudd is jointly hosting a climate change breakfast on the sidelines of APEC in Singapore, though the Pacific rim leaders have watered down climate change targets in their final statement. Climate change has been the big new issue on the usually trade-centred agenda of the Asia Pacific Economic ...
  1 day ago

• 132a Claimant Must Show Differential Treatment Based on Industrial Nature of Injury

  
  California Labor & Employment Law Blog — Authority: 414
  By Robin E. Weideman If you are a California employer who has ever had to take negative employment action against an industrially injured employee, then you are likely familiar with California Labor Code section 132a.  Section 132a prohibits discrimination against an employee for filing a worker’s compensation ...
  2 days ago

• Judge Finds Murder Defendant Jailed 18 Years to be Innocent

  
  Criminal Law Library Blog — Authority: 126
  An Acting Supreme Court Justice in Manhattan dismissed a 1991 murder indictment "with prejudice" yesterday, finding an inmate jailed 18 years to be "actually innocent". Justice John A. Cataldo found that the conviction of Fernando Bermudez to have been undermined by flawed identification procedures and the ...
  3 days ago

• New York Appellate Criminal Cases Originating from the New York Supreme Court NY County - LexisNexis

  
  Criminal Law Library Blog — Authority: 126
  November 12, 2009. Update from the Lexis Alert Service, 1. People v. Johnson, 9973, 1634/02, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 8052; 2009 N.Y. App. Div. LEXIS 7904, November 10, 2009, Decided, November 10, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS ...
  3 days ago

• Editorial: A National Disgrace

  
  NYT > Theater — Authority: 914
  A court’s overt disregard for the central role of judges in policing executive branch excesses has frightening implications for safeguarding civil liberties.
  5 days ago

• Texas Supreme Court Compels Arbitration of Employment Discrimination Claims

  
  Disputing — Authority: 124
  The Supreme Court of Texas held that an agreement to arbitrate discrimination claims between an employee and a staffing agency hired by the employer survives the dissolution of the contract between the staffing agency and employer. In the present case, In re Polymerica , __S.W.3d __ (Tex. 2009) (No. 08-1064), ...
  5 days ago

• Kelo vs. New London revisited

  
  Dangerous Intersection — Authority: 140
  Remember the case of Kelo vs. New London ?  Briefly, it was a case in which homeowners including Susette Kelo sued their municipality to stop it from taking their homes using the power of eminent domain.  The city wanted to raze the homes and redevelop the area, making it shiny and new to complement the anticipated ...
  6 days ago

• YouTube video sinks Turnbull minder

  
  Ohaiyo Business Magazine — Authority: 432
  A media minder for Federal Opposition Leader Malcolm Turnbull has reportedly quit his job after being linked to an online bout of Liberal factional warfare. The video parodies Liberal MP Alex Hawke by portraying him as an enraged Adolf Hitler, echoing a YouTube trend of dubbing Hitler biopic Downfall with fake ...
  1 week ago

• CA: Victory! Court Protects Teacher-Advocate-Whistleblower from Retaliation

  
  JFActivist — Authority: 474
  Thank you Larry Komar for contributing this information: A new decision, Susan Barker vs. Riverside County Office of Education, (9th Cir., 10/23/09), reversed a federal district courts decision to dismiss the teachers retaliation suit on the grounds that she lacked standing under Section 504 and the ADA.   The ...
  1 week ago

• Party Claiming Misappropriation Must Identify Trade Secrets

  
  California Labor & Employment Law Blog — Authority: 414
  By Robin E. Weideman California employers who have litigated claims for misappropriation of trade secrets are likely familiar with the requirement that the party claiming its trade secrets were misappropriated must identify, with “reasonable particularity,” the trade secrets that were misappropriated.  Until ...
  1 week ago

• Vesting of Incentive Compensation -- Schachter v. Citigroup, Inc.

  
  California Labor and Employment Defense Blog — Authority: 99
  The California Labor Code is very strict in protecting an employees right to be paid for all compensation that he earns.  As we have repeatedly blogged in the past, it is often a thorny issue to determine exactly when these protections attach -- in other words, when has a mere hope or expectation of a reward ...
  1 week ago

• Florida Arbitration Law: Wife Verbally OK’s Husband to Sign Papers Is Agency to Sign Arbitration Clause

  
  Disputing — Authority: 124
  In contrast to our discussion of Koricic v. Beverly Enters . in which the Nebraska Supreme Court held that a son lacked authority to sign an arbitration agreement on behalf of his mother, a recent trial court in Florida ruled in Christenson, v. The Abbey Rehabilitation and Nursing Center that a husband had ...
  1 week ago

• Texas Supreme Court: Insurance Coverage Dispute Involving a $1.5 Million Arbitration Award

  
  Disputing — Authority: 124
  Within the five opinions released by the Texas Supreme Court on October 30, Chrysler Insurance Co. v. Greenspoint Dodge of Houston, Inc. , (Texas 2009) (No. 08‑0780) caught our attention.  The case deals with a dispute over insurance coverage to pay for a $1.5 million defamation arbitration award granted to ...
  1 week ago

• Nebraska Supreme Court Refuses to Compel Arbitration in Nursing Home Case

  
  Disputing — Authority: 124
  The present case comes as the U.S. Congress considers the Fairness in Nursing Home Arbitration Act of 2009. This Act would render pre-dispute arbitration clauses in nursing home contracts unenforceable (Senate version: S.512 and Status ; House version: H.R. 1237 and Status ). In Koricic v. Beverly ...
  1 week ago

• "Mixed-Motives" Defense Remains Available to California Employers in Discrimination Cases

  
  California Labor & Employment Law Blog — Authority: 414
  By Kent J. Sprinkle A California Court of Appeal recently held that the "mixed-motive" defense remains good law for California employers.  In Harris v. City of Santa Monica , the Plaintiff was a bus driver employed by the City as a "probationary employee," an at-will position.  The Plaintiff had several ...
  1 week ago

• NFL Drug Case Makes Its Way to Capitol Hill

  
  Watch your favorite videos on the internet. — Authority: 174
  A key lawmaker said Tuesday that recent court decisions blocking suspensions of two NFL players threaten to undermine progress made in reducing performance-enhancing drug use among athletes at all levels.
  1 week ago

• District Court Denies Motions to Dismiss in Gene Patent Case

  
  INVENTIVE STEP — Authority: 411
  In the continuing saga in the lawsuit seeking invalidation of gene patents , Patently-O is reporting that Senior Judge Robert W. Sweet has denied the defendants’ motions to dismiss the case in its entirety.  The court issued an 85 page opinion on the issues. Initially, the court recognized that: [t]his ...
  1 week ago

• California Supreme Court Upholds Forfeiture Provision In Incentive Compensation Plan

  
  California Labor & Employment Law Blog — Authority: 414
  By Robin E. Weideman The California Supreme Court issued its decision in Schachter v. Citigroup, Inc . today, upholding the legality of an incentive compensation plan provision providing for forfeiture upon an employee’s resignation or termination for cause.  The plan at issue allowed employees to elect to ...
  1 week ago

• Poor leadership linked to soldier’s death

  
  Ohaiyo Business Magazine — Authority: 432
  Deficiencies in training, leadership and deployment readiness may have contributed to the death of Lieutenant Michael Fussell in Afghanistan last year, a Defence inquiry has found. The Major in charge of the operation in which Lieutenant Fussell died on November 27 has now been stood down from his command. ...
  2 weeks ago

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