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11 Nov 2019, 6:00 am by Brian Gallini
            Particularity At the outset of the Avery discussion, I remind students that the Fourth Amendment’s plain language, as well as Supreme Court precedent, make clear that a search warrant must state with particularity the place to be searched and the things to be seized. [read post]
20 Mar 2008, 10:44 am
The court highlighted the difference between California and federal standards regarding summary judgment/adjudication motions:"Pointing out through argument, as Avery Dennison has done, that Fotheringham has no evidence of malice and oppression or of the requisite managing agent conduct is inadequate. . . . 'Whereas, under federal law, "pointing out through argument" [citation] may be sufficient [citation], under state law, it is not.' (Id. at p. 855, fn.… [read post]
26 Feb 2021, 7:22 am by Avery Welker
– Dennis Crouch By Avery Welker Modeling v. modelling, labeled v. labelled, traveler v. traveller. [read post]
12 Aug 2013, 7:25 am by Kevin
This article compares the plaintiffs in Avery v. [read post]
“The regulatory history of the HIPAA demonstrates that neither HIPAA nor its implementing regulations were intended to preempt tort actions under state law arising out of the unauthorized release of a plaintiff’s medical records,” Justice Flemming Norcott wrote for a unanimous court in Byrne v. [read post]
“The regulatory history of the HIPAA demonstrates that neither HIPAA nor its implementing regulations were intended to preempt tort actions under state law arising out of the unauthorized release of a plaintiff’s medical records,” Justice Flemming Norcott wrote for a unanimous court in Byrne v. [read post]