Tag Archives: April

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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USA: Baiul v. NBC Sports, United States Court of Appeals, Ninth Circuit, No. 16-56658, 27 April 2018

Thomas LongA lawsuit brought by figure skater Oksana Baiul accusing NBC Sports of failing to pay her royalties owed for a video production of her ice skating performance in “Nutcracker on Ice” was barred by res judicata, the U.S. Court … Continue reading

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April Editorial Platforms Current Events

The April issues of Super Lawyers Magazine featured several high profile cultural issues in the United States and how some of the top attorneys in the country are approaching each situation. From immigration to #MeToo, these lawyers showcased the skill … Continue reading

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Cases — April 22nd through 28th, 2018

Workers Compensation/Occupational Safety & DiseaseDavis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident:  discussion of the instrumentality exception to … Continue reading

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