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24 Aug 2012, 4:43 pm by Lawrence B. Ebert
The Court, however, declined to resolve its long-standing split on that theory.In McIntyre, the Court was asked to revisit questions left open in Asahi Metal Industry Co. v. [read post]
5 Mar 2018, 11:24 am by Kirsten Mikadze
Parties to environmental prosecutions will want to consider a few salient points that have emerged from some of the decisions to apply R v Jordan thus far: The Crown will want to have its evidentiary case in as advanced a state as possible by the time it is ready to lay an information, perhaps delaying the laying of an information as long as applicable statutory limitation periods allow; Despite their inherent technical and scientific complexity, only uniquely complex… [read post]
6 Aug 2007, 6:02 am
State of Indiana (NFP), Shawn McGrath of the Kokomo Herald Bulletin writes today in a long story that begins:In a 2-to-1 opinion, the Indiana Court of Appeals halved a former firefighter's sentence for child solicitation. [read post]
14 Dec 2010, 12:41 am
Applying for disability retirement benefitsMiata v McCall, 277 AD2d 590Joseph Miata, a Long Island State Parks and Recreation Commission police officer, filed an application for performance of duty disability retirement benefits after he suffered an ankle injury as the result of his tripping while leaving work on August 24, 1995.After conducting a hearing during which conflicting expert testimony was presented, McCall denied Miata’s application for benefits. [read post]
25 Feb 2007, 3:49 pm by Anthony Colleluori
The statute of limitations for a 42 USC 1983 claim arising from an unlawful imprisonment claim is as long as the time one has to file a personal injury suit in the state where the action accrues. [read post]
28 Apr 2009, 3:16 pm
One is that the Supreme Court’s 1875 decision in Totten v. [read post]
2 Oct 2021, 5:19 pm
A defendant’s physical presence in the state is not required, as long as his or her efforts were “ ‘purposely directed’ ” toward residents of that state. [read post]
22 May 2015, 12:51 pm by mdkeenan
In Rodriguez v United States, the Court stated that the general mission of a traffic stop was to insure traffic safety. [read post]
14 Jun 2024, 5:38 am by Kristen Matteucci
And if you do that for a long enough period of time [without permission]… regardless of what a deed might say or what land records might say, you actually just become the owner. [read post]
8 Jun 2013, 5:49 pm by Joey Fishkin
As we all wait to hear what the Supreme Court decides to do with Section 5 of the Voting Rights Act in Shelby County v. [read post]