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28 Apr 2024, 11:33 am by admin
Third, and perhaps most important, in New Jersey, attorneys are not generally allowed to communicate with a represented party directly.[1] Expert witnesses are usually considered as agents of the parties that retained them, which means that such witnesses are also not free to communicate directly with the adverse parties or its counsel. [read post]
23 Apr 2024, 6:00 am by Public Employment Law Press
Further, the Appellate Division opined, "Petitioner's contentions regarding his sealed arrest records are unavailing as the administrative decision reflects that the Hearing Officer based his conclusions on the witnesses' testimony and exhibits entered into evidence by stipulation of the parties". [read post]
23 Apr 2024, 6:00 am by Public Employment Law Press
Further, the Appellate Division opined, "Petitioner's contentions regarding his sealed arrest records are unavailing as the administrative decision reflects that the Hearing Officer based his conclusions on the witnesses' testimony and exhibits entered into evidence by stipulation of the parties". [read post]
18 Apr 2024, 6:47 pm by Mark Ashton
Meanwhile, if your 11 year old dials 9-1-1 to profess that you are “mean” chances are you would prefer to avoid your friends and family knowing about the police visit and the resulting incident report. [read post]
15 Apr 2024, 10:40 am by Dennis Crouch
The appellate court pointed to conflicting expert testimony on whether the asserted prior art disclosed all limitations of the claims, including the key “self-sealing” feature. [read post]
21 Mar 2024, 5:52 am by Eugene Volokh
Factors 1 and 3 do not cut in favor of pseudonymity here, and appellants do not claim any threats of physical retaliation. [read post]
The former will be heard by the Sao Paulo State Appellate Courts, the latter by the Brazilian Federal Court of Appeals for the Second Circuit. [read post]
18 Mar 2024, 4:32 am by Peter Mahler
Tao allegedly sealed the oral agreement (the “Exit Opportunity Agreement”) under which Behler agreed to invest $3 million in Digipac by guaranteeing that, if the price of Remark’s shares hit $50 per share — at the time of Behler’s initial investment the shares were trading at $1 — Tao would cause Digipac to sell its Remark shares and distribute the proceeds pro rata to Behler, and if the shares didn’t hit $50 within five years, Tao would… [read post]
13 Mar 2024, 4:07 pm by Lundgren & Johnson, PSC
Some legal terms used in our Minnesota criminal justice system are difficult for people to understand. [read post]
6 Mar 2024, 3:00 am by Shea Denning
The appellate court’s decision in C.K.D., like the trial court’s, was founded on State v. [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
But the context is really simple: 1 name, 1 skater. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Source/origin and control over quality is the core of TM and has special relevance when trying to figure out what rights the plaintiff is claiming to own; sponsorship/affiliation is of lesser importance, albeit still relevant; sponsorship/affiliation might be better handled under 43, which could have stronger guardrails; consider Lexmark as a case about 43(a), which the Court says it is, and not about 43(a)(1)(B) only. [read post]
23 Feb 2024, 2:38 am by Andrew Lavoott Bluestone
Allen v Thompson 2024 NY Slip Op 00929 Decided on February 22, 2024 Appellate Division, First Department, in what may be a pyrrhic victory (Defendant attorney is pro-se), is an unusual set of facts. [read post]
26 Dec 2023, 4:22 am by Peter Mahler
Pursuant to a Subscription Agreement, the plaintiff invested $1 million for 20% membership interest in an LLC formed to develop and own a chain of poke restaurants. [read post]
4 Dec 2023, 7:16 am by Dennis Crouch
  In that vein, the appellate panel provided an expectation and a suggestion to the district court: (1) Expectation: “that the communications and related documents will be kept under seal to mitigate the potential harmful effects caused by disclosure. [read post]
22 Oct 2023, 11:03 pm by centerforartlaw
Reprinted with permission from the NYS Bar Association, this article first appeared in the EASL Journal, 2023, vol. 34, no. 1. [read post]