ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

May 15, 2018

Justia lists 7,050 Law Blogs now on line in 74 subcategories


Justia lists 7,050 Law Blogs now on line in 74 subcategories*
 
Click on the text highlighted in blue to access the  Administrative Law Blog listed. 

* N.B. - Following Justia's Administrative Law Blog listing is Justia's listing of  7,050 "Blawgs" in the 74 Practice Areas of Law currently being maintained by Justia.

Top 40 Administrative Law Blogs in order of current popularity

Provides summary and commentary on selected court and administrative decisions and related matters affecting public employers and employees in New York State. By Harvey Randall, Esq.
Last Updated: May 11, 2018 - Rank this Week: 36

Covers the Department of Treasury's Office of Foreign Assets Control and its Specially Designated Nationals list. By McNabb Associates, P.C.
Last Updated: November 27, 2014 - Rank this Week: 219

A regulation blog, in affiliation with the Penn Program on Regulation. From the University of Pennsylvania Law School.
Last Updated: May 10, 2018 - Rank this Week: 272

Addresses issues faced by license professionals and regulated businesses in civil, business, administrative and criminal matters with an emphasis on health care. By Green & Associates.
Last Updated: May 9, 2018 - Rank this Week: 364

Distilling a million label approvals down to the ones that affect you. Tracks legal trends in beer, wine and spirits product approvals. By Lehrman Beverage Law.
Last Updated: January 26, 2018 - Rank this Week: 435

Analysis and commentary on trends and developments in life sciences and health care law. By Reed Smith.
Last Updated: May 2, 2018 - Rank this Week: 483

Covers professional licensing matters and related regulatory issues for health care professionals. By the Leichter Law Firm.
Last Updated: February 21, 2018 - Rank this Week: 484

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.
Last Updated: May 11, 2018 - Rank this Week: 628

Covers futures, commodities and forex regulation. By Shipkevich Law Firm.
Last Updated: May 9, 2018 - Rank this Week: 589

Covers Social Security disability law and special needs trusts. By Sheri R. Abrams.
Last Updated: April 30, 2018 - Rank this Week: 644

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.
Last Updated: April 14, 2015 - Rank this Week: 578

Covers Mexican law.
Last Updated: May 11, 2018 - Rank this Week: 819

Examines the Medicare administrative appeals process and covers issues related to the appeal of ZPIC, PSC and RAC audits of Medical claims. By Lilies Parker.
Last Updated: January 29, 2013 - Rank this Week: 772

Provides breaking news and analysis of communications law and business. By Pillsbury Winthrop Shaw Pittman LLP.
Last Updated: April 30, 2018 - Rank this Week: 1454

Covers health law and nursing law. By George F. Indest III, P.A.
Last Updated: April 9, 2018 - Rank this Week: 1220

Covers aviation law issues, including federal environmental and transportation regulations. By Chevalier, Allen and Lichman, LLP.
Last Updated: April 20, 2018 - Rank this Week: 1932

Covers cases, legislation, and developments regarding patents, trademarks, copyrights, trade secrets, FDA regulatory, life science, Paragraph IV, ANDA, Hatch-Waxman, pharma, branded & generic drugs, Lanham Act, unfair competition, false advertising, Internet, domain name, and e-commerce law.
Last Updated: January 25, 2018 - Rank this Week: 1983

Covers administrative rulemaking processes and administrative law issues. For members of the Administrative Codes and Registers (ACR).
Last Updated: December 1, 2014 - Rank this Week: 1912

Covers administrative law and the public sector. By E.L. Lipman.
Last Updated: December 19, 2011 - Rank this Week: 1828

Analyzes the substantive and procedural aspects of international enforcement law.
Last Updated: May 11, 2018 - Rank this Week: 2605

Swiss blawg covering a broad range of Swiss and international laws.
Last Updated: May 9, 2018 - Rank this Week: 2708

Covers Swiss, European and international legal news. It focuses on data protection, privacy, technology law, IT/IP law, criminal law, administrative law, civil law, tax law, banking and finance law, bankruptcy, competition law and construction as well as real estate law.
Last Updated: May 9, 2018 - Rank this Week: 2924

Covers the intersection of customs law and asset seizures, with a particular focus on reporting on news of U.S. Customs & Border Protection currency seizures from international travelers for failure to report, bulk cash smuggling, or structuring.
Last Updated: May 4, 2018 - Rank this Week: 2992

Covers case law, developments and changes in the veterans law. Provide practical information to improve advocacy skills before VA Regional Offices and the BVA, and teaches lawyers the business of veterans law. By Attig Steel PLLC.
Last Updated: May 2, 2018 - Rank this Week: 2886

Looks at white collar, congressional, SEC, energy enforcement and other government inquiries. By McGuireWoods.
Last Updated: May 2, 2018 - Rank this Week: 2832

Covers disability and social security, elder law, and VA benefits.
Last Updated: April 23, 2018 - Rank this Week: 4104

By Fox Rothschild LLP.
Last Updated: April 12, 2018 - Rank this Week: 3103

Covers False Claims Act (FCA) and other civil and criminal health care fraud, regulatory compliance, and litigation and investigations. By Cadwalader, Wickersham & Taft LLP.
Last Updated: April 5, 2018 - Rank this Week: 2988

Covers aviation and airport development, with a focus on the industry\'s legal and regulatory issues. By Taber Law Group.
Last Updated: March 28, 2018 - Rank this Week: 2726

Covers Wisconsin unemployment law. By Victor Forberger.
Last Updated: March 14, 2018 - Rank this Week: 3335

Covers New Jersey expungement law and record clearing and sealing services and New Jersey name change law.
Last Updated: March 12, 2018 - Rank this Week: 3159

By George F. Indest III, P.A.
Last Updated: March 5, 2018 - Rank this Week: 2981

By George F. Indest III.
Last Updated: February 28, 2018 - Rank this Week: 3192

Covers the Social Security disability process and strategies for winning cases. By Jonathan Ginsberg.
Last Updated: January 26, 2018 - Rank this Week: 3842

Covers government contract bid protests. By Whitcomb, Selinsky, McAuliffe PC.
Last Updated: January 16, 2018 - Rank this Week: 3470

Covers regulatory and statutory updates from the healthcare industry. By O'Connell & Aronowitz.
Last Updated: December 5, 2017 - Rank this Week: 4598

Covers the history of both international and domestic wine laws and developing legal issues in the wine industry. By Lindsey A. Zahn.
Last Updated: November 8, 2017 - Rank this Week: 2865

Covers health care legislation, enforcement and regulation. By George F. Indest III, P.A.
Last Updated: June 16, 2016 - Rank this Week: 4161

Covers health law.
Last Updated: July 22, 2013 - Rank this Week: 3074

Provides information for professional and occupational licensees and license applicants in California who have been denied a license, credential, or certificate or who are at risk for disciplinary action (revocation, suspension, probation) against the license by the State.
Last Updated: March 30, 2011 - Rank this Week: 3761
http://licenseadvocateslawgroup.blogspot.com/


The 74 Practice Areas of Law currently being maintained by Justia. 
The number of blogs in each area is shown in "parenthesis".

Click on the text highlighted in color to access the blogs in each subcategory. 
 Administrative Law (63)
Art Law (16)
Copyright(103)
Elder Law(168)
Probate(120)
Qui Tam (38)
Tax Law(188)

May 14, 2018

Refusal to be an "informant" protected by the First Amendment


Refusal to be an  "informant" protected by the First Amendment
Burns v Martuscello, USCA Second Circuit, Docket No. 15-1631

This decision appears to be one of "first impression" concerning "speech and speech-related activity as protected by the First Amendment" by the United States Court of Appeals, Second Circuit, and while the parties involved were, respectively, a prisoner and prison administrators, it may signal that public employees may not suffer retaliation if the individual refuses to "become an informer" or give "false information" when asked to do so by his or her employer.

Mark Burns was placed in restricted custody after he refused (i) to serve as a prison informant, or (ii) to provide false information regarding an incident within the correction facility. 

Burns filed an action with a United States District Court contending that his being placed in restricted custody constituted retaliation in violation of his rights under the First Amendment, the Eighth Amendment and the Fourteenth Amendment. The District Court granted the defendant's motion for summary judgment and Burns appealed.

The Court of Appeals held the First Amendment protects a prisoner's right not to serve as a prison informant or provide false information to prison officials. However, said the court, because it had not previously recognized this speech and speech-related activity as protected by the First Amendment, it affirmed the judgment of the district court on qualified immunity grounds.

This ruling, however, raises a question: Is a public employee's refusal to serve as an informant and, or, his or her refusal to provide false information if asked to do so in the course of his or her employment protected "non-speech" by the First Amendment precluding the individual being served with disciplinary charges because of his or her so refusing to do so or otherwise suffering retaliation?

The decision is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/14a47a7f-a2ed-4eec-abb6-a3eb8ea3bf62/2/doc/15-1631_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/14a47a7f-a2ed-4eec-abb6-a3eb8ea3bf62/2/hilite/ 

Addendum: 

In response to an inquiry concerning false testimony given at a disciplinary hearing, NYPPL files indicate that in Alarcon v Board of Education of South Orangetown Central School District, 85 AD3d 780, the Appellate Division directed the reopening of the disciplinary hearing after the recantation of testimony given at the hearing by a witness against Alarcon.

The witness, Ramon Reyes, after testifying, but prior to the issuance of the hearing officer's report and recommendation, recanted his testimony stating that the testimony he had given at the disciplinary hearing was false and that "he gave such false testimony because his supervisor directed him to lie."

The Alarcon decision is posted on the Internet at: 
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_05055.htm


 

May 11, 2018

A delay in a disciplinary hearing resulting from an employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay


A delay in a disciplinary hearing resulting from an employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay
OATH Index No. 1355/17

A civil engineer failed to report for a mandatory overtime shift and a medical assessment of her fitness for duty, and refused to submit documentation concerning these matters when directed to do so.

One of the issues considered by the ALJ was the employee claim that she was entitled to be paid for certain absence without pay in excess of the statutory 30-days suspension without pay authorized by Section 75 of the Civil Service Law notwithstanding the fact that she was place on such leave without pay in excess of 30 days when her disciplinary hearing was adjourned at her request because her attorney was not available.

The Civil Service Law provides that an employee may be suspended without pay for a period not exceeding thirty days pending the determination of charges of incompetency or misconduct and the employee may recover back pay for any such suspension exceeding 30 days, provided that the delay is not the employee’s fault. In this instance the appointing authority argued that the employee should not be paid for delays resulting from its agreeing to an adjournment of the hearing at the employee's request.

The appointing authority contended that it did not object to the employee's hearing adjournment request "provided that there was no pay liability" against the employer attributable to the employee's  request for the adjournment. Thus, argued the appointing authority, the employee is not entitled to back pay for any period of suspension without pay attributable the adjournment of the hearing.

Judge Gloade, explained that "This tribunal may recommend restoration of pay for any period of pre-trial suspension that exceeds 30 days," citing Teachers’ Retirement System v. Barrett, , OATH Index No. 1210/99," and, citing Dep’t of Environmental Protection v. D’Amore, OATH Index No. 1307/17, said that an Administrative Law Judge may recommend payment of back pay if employee was placed on an involuntary disability leave prior to a hearing without justification. Further, said the ALJ, "Where an employee is suspended for more than 30 days, he or she may recover back pay for the period of suspension exceeding 30 days, provided that the delay in disposing of the charges is not the employee’s fault.

In contrast, said Judge Gloade, a delay occasioned by an employee’s adjournment request may be properly counted against the employee for purposes of determining his or her entitlement to back pay. "While the employee's request for adjournment appears to be bona fide, that does not exempt her from the general rule that the party responsible for the delay bears the cost."

Citing Transit Auth. v. Danese, OATH Index No. 1043/95, ALJ Gloade concluded that it was unclear from the record whether the employee was entitled to back pay and declined to undertake an accounting to determine how much, if any, back pay the employee would be entitled to receive "as it was beyond the purview of the tribunal."

The appointing authority adopted the findings, and the penalty recommended, by the ALJ.

The decision is posted on the Internet at:


Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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