Tag Archives: precedent

Filing a noticed of claim may be required as condition precedent to initiating litigation against a public entity

Filing a noticed of claim may be required as condition precedent to initiating litigation against a public entityFotopoulos v Board of Fire Commr. of the Hicksville Fire Dist., 2018 NY Slip Op 03128, Appellate Division, Second DepartmentNew York courts have … Continue reading

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Episode 010: “No, I won’t give you my Debit Card PIN Number” (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)

What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board … Continue reading

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FCOA Precedent Alert: Saunders v. Wilkie, #2017-1466 (A Veteran can service connect stand-alone pain)

What is the Deep Issue in the Case? This case involves the question of whether a veteran can service connect stand alone pain as  a disability for the purposes of VA disability compensation.  The basic VA disability compensation statute is … Continue reading

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What is a Government Employer Anyway? The Ninth Circuit Splits with Decades of Precedent and Holds that the ADEA’s 20-Employee Requirement Does Not Apply to Public Employers

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees because of their age.  But applying the ADEA’s definition of “employer” is not as simple as it sounds.  Recently complicating that definition is disagreement among the circuit … Continue reading

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Is the Supreme Court set to establish major precedent in email privacy? | TheHill

In the age of cloud computing, wherein we rely on service providers such as Microsoft and Google to store personal data like email and photos, our data is often stored on servers located outside the United States. Nonetheless, U.S. law … Continue reading

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