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Tag Archives: substantial
Washington Court Finds Decision Not to Retire Is Substantial Change Supporting Modification of Spousal Maintenance
Once a Washington divorce decree is issued, a maintenance award can only be modified by the court when the party seeking the modification shows a substantial change in circumstances. A fact unknown to the trial court or an unanticipated fact … Continue reading
Posted in Divorce Law
Tagged Change, Court, Decision, finds, maintenance, Modification, Retire, Spousal, substantial, Supporting, Washington
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Fifth Circuit Affirms Exclusion of Offshore Employee’s Drug Test Evidence and Substantial Jury Award
In a recent admiralty and maritime case, Hale v. Wood Grp. PSN, Inc., No. 18-31090, 2019 WL 1773276, at *2 (5th Cir. Apr. 22, 2019), the Fifth Circuit affirmed the exclusion of a drug test as evidence pertaining to Plaintiff, … Continue reading
Posted in Admiralty-Maritime Law
Tagged Affirms, award, Circuit, drug, Employees, Evidence, Exclusion, FIFTH, jury, Offshore, substantial, Test
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Principles governing judicial review of administrative determinations pursuant to the substantial evidence standard
The Justice Center for the Protection of People with Special Needs [Justice] issued a report setting out an adverse "substantiated finding" involving Petitioner's interactions with an individual with special needs ["Service Recipient"]. Petitioner asked Justice to amend its report to … Continue reading
Posted in Administrative law
Tagged Administrative, Determinations, Evidence, Governing, Judicial, Principles, pursuant, Review, Standard, substantial
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A public retirement system's denial of an application for retroactive membership in the System must be supported by substantial evidence
A public retirement system's denial of an application for retroactive membership in the System must be supported by substantial evidenceSears v DiNapoli, 2018 NY Slip Op 08610, Appellate Division, Third Department§803.a of the Retirement and Social Security Law [RSSL] addresses … Continue reading
Posted in Administrative law
Tagged Application, Denial, Evidence, Membership, Must, public, Retirement, Retroactive, substantial, supported, System, system's
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Illinois Appellate Court Affirms Jury Verdict Ruling that Defendant Doctor’s Closing Argument Comments Did Not Cause Substantial Prejudice
After Ernestine Wilson’s 23-year-old son Brian Curry died from a saddle pulmonary embolism (a blood clot that blocked the large pulmonary artery straddling his lungs), she sued emergency room physician Dr. Eric Moon and Chicago’s St. Bernard Hospital. She claimed … Continue reading →