Tag Archives: Applied

A three-part test is applied by the court to determine if a party to a collective bargaining agreement's demand for arbitration is viable

A three-part test is applied by the court to determine if a party to a collective bargaining agreement's demand for arbitration is viableCity of Yonkers v Yonkers Fire Fighters, Local 628, IAFF, AFL-CIO, 2018 NY Slip Op 08294, Appellate Division, … Continue reading

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Determining the appropriate evidence standard to be applied in a disciplinary action

Determining the appropriate evidence standard to be applied in a disciplinary action Johnson v Riverhead Cent. Sch. Dist., 2018 NY Slip Op 08021, Appellate Division, Second DepartmentJoe Nell Johnson II, a tenured teacher employed by the Riverhead Central School District, … Continue reading

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CDER Exclusivity Board: Can 3-Year Exclusivity Applied to a Prodrug Block 505(b)(2) NDA Approval for the Active Metabolite?

By Kurt R. Karst — This is the second post in a series of posts dedicated to delving into and discussing various issues that arise with both 5-year New Chemical Entity (“NCE”) exclusivity and 3-year new clinical investigation exclusivity based … Continue reading

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ad for a "true story" states an opinion, not a fact, when applied to an expressive work

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018)Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a statement … Continue reading

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AI applied to secondary law to follow AI’s current use in primary law

Machines today are presenting lawyers with law they should see without the lawyers even searching or looking for the law. When I practiced, when I wanted the see the law I needed to search for it, and not via a … Continue reading

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