Tag Archives: April

ABA 2019 National Legal Malpractice Conference (April 3 – 5, 2019)

The American Bar Association Standing Committee on Lawyers’ Professional Liability presents the Spring 2019 National Legal Malpractice Conference in Miami. Some networking events have been planned for the stay in Miami but the conference program will be available soon. Check … Continue reading

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BOOK DEALS: THE WEEK OF APRIL 27, 1667

MILTON’S PARADISE ROYALTIES LOST Victor Bohnam Carter's Authors by Profession, tells the sad story of John Milton, blind, deprived of his pension and suffering from financial hardships, signing a hellish publishing contract for his epic poem, Paradise Lost. "The agreement was dated April 27, … Continue reading

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Call For Proposals: Conference on Literature, Law, and Psychoanalysis, 1890-1950, University of Sheffield, April 11-13, 2019

Literature, Law and Psychoanalysis, 1890-1950A conference at the University of Sheffield, April 11-13, 2019The twentieth-century was a period of worldwide literary experiment, of scientific developments and of worldwide conflict. These changes demanded a rethinking not merely of psychological subjectivity, but … Continue reading

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April 2018: Over 150 New Malibu Media Cases were Filed in 10 States

If you have received a copyright infringement lawsuit from Malibu Media alleging the illegal download of their adult films, then you’re not alone. The California motion picture company Malibu Media has alleged that thousands of BitTorrent users illegally downloaded, copied, … Continue reading

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Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division … Continue reading

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