Tag Archives: constitute

Does ETS Constitute a Tax?

Today we address the Advocate General's dismissal of the third and final argument levied by the international carriers against the legality of the EU's proposed emissions scheme – that the ETS constitutes a tax or fee in violation of Articles… … Continue reading

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Counseling memoranda may constitute disciplinary action when coupled with more than "job-related feedback"

Counseling memoranda may constitute disciplinary action when coupled with more than "job-related feedback" Matter of Harper v New York State Off. of Mental Health, 12 Misc 3d 1197(A) An employee received a "counseling memorandum" following an investigation of a complaint … Continue reading

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Section 75 statute of limitations for initiating administrative disciplinary action does not apply when the charges would otherwise constitute a crime

Section 75 statute of limitations for initiating administrative disciplinary action does not apply when the charges would otherwise constitute a crime El Bey v New York City Dept. of Corrections, 294 A.D.2d 164 In the El Bey case, the exception … Continue reading

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VIRGINIA SUPREME COURT HOLDS GLOBAL WARMS CLAIMS DO NOT CONSTITUTE AN "OCCURRENCE"

AES Corp. v. Steadfast Ins. Co., (September 16, 2011) AES Corp. was sued by the Native Village of Kivalina for environmental damage which rendered the village uninhabitable. Kivalina is a native Alaskan community located on a barrier island. It alleges … Continue reading

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Selecting an individual for promotion because of a romantic relationship does not constitute discrimination of the basis of gender

Selecting an individual for promotion because of a romantic relationship does not constitute discrimination of the basis of gender Fella v Rockland County, 297 AD2d 813 Rockland County Director of Hospitals Peter J. Fella was charged with sexual harassment. Found … Continue reading

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