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12 Aug 2014, 7:46 am
“When a court vacates or reverses a criminal conviction based on insufficiency of the evidence, the court is saying that the state has not proven the elements of the offense beyond a reasonable doubt; it is not saying that innocence has been proven. [read post]
21 Nov 2017, 4:00 am
The court, citing Gross v New York Times, 82 NY2d 146, explained that as "falsity is a necessary element of a defamation cause of action and only facts 'are capable of being proven false, it follows that only statements alleging facts can properly be the subject of a defamation action.'"In this regard, distinguishing between fact and opinion is a question of law for the courts, to be decided based on "what the average person hearing or reading the… [read post]
8 Apr 2011, 8:28 pm
State of Hawaii v. [read post]
22 Mar 2013, 12:09 pm
United States. [read post]
10 Dec 2009, 4:12 am
Here’s the link… Schmit v. [read post]
17 Nov 2011, 3:11 am
On a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
18 Nov 2010, 1:49 am
On a motion to dismiss pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must accept the facts alleged in the pleading as true, accord the plaintiff the benefit of every possible inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Goshen v Mutual Life Ins. [read post]
12 Oct 2023, 12:48 pm
With 489 fatalities, the state’s scenic yet congested corridors, especially around cities like Los Angeles and San Francisco, have proven perilous for truck drivers and commuters alike.3. [read post]
12 Oct 2023, 12:48 pm
With 489 fatalities, the state’s scenic yet congested corridors, especially around cities like Los Angeles and San Francisco, have proven perilous for truck drivers and commuters alike.3. [read post]
23 Apr 2016, 4:54 am
NOTE: A civil Complaint merely contains allegations and defendants are presumed innocent unless and until proven guilty by a preponderance of the evidence in a court of law.The Pump And Dump SchemeSecurities and Exchange Commission, Plaintiff, v. [read post]
29 Dec 2018, 7:05 pm
Potter stated that if the flu shot was scientifically proven to be effective she "probably would" receive it. [read post]
8 Dec 2017, 4:05 am
In Congregation Rabbinical College of Tartikov, Inc. v. [read post]
12 Mar 2020, 9:16 am
Perhaps most notably, in a stated effort to better protect consumers by minimizing confusion about goods and services, the bill would restore the rebuttable presumption of irreparable harm when a trademark violation has been proven (thus clarifying eBay v. [read post]
9 Jan 2015, 6:32 am
.” The conspiracy purportedly targeted U.S. securities markets with the assistance of traders based in China and Korea.United States of America v. [read post]
7 Oct 2018, 10:01 pm
In Ball v. [read post]
2 Mar 2021, 7:25 pm
Samsung and FTC v. [read post]
11 Feb 2012, 7:23 am
United States v. [read post]
10 Jan 2024, 7:00 am
Chamber of Commerce of the United States v. [read post]
25 Feb 2010, 9:05 am
State v. [read post]
25 Jan 2013, 12:50 pm
What, if anything, do developments in the military commission case of United States v. al-Nashiri portend for Al-Nashiri v. [read post]
