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25 Jun 2019, 12:46 pm by Edward S. Zas
The Court’s reasoning is lengthy and merits the attention of anyone pursuing an “actual innocence” claim. [read post]
19 Dec 2023, 10:00 pm
" to vacate a foreclosure was denied by the New York County Supreme, an appeal ensued.And on its review, the Appellate Division, First Department, agreed that the requested relief was “time-barred” – made too late – as New York State law required such applications to be made within a year of the sale. [read post]
11 Dec 2014, 9:13 pm
Here's the abstract:This article considers the role of arbitrators in adjudicating the merits of international commercial disputes. [read post]
15 May 2023, 5:00 am
And the Appellate Term, First Department, noted that such motions should “rarely, if ever, be entertained in Small Claims Court. [read post]
15 Jul 2013, 7:56 am by David Poppick
The Governor requests greater clarity from the General Assembly and suggests that “additional protections for employees may be warranted to guarantee a reasonable period of time to renew a written non-compete agreement before entering into such an agreement in the first instance. [read post]
16 Aug 2014, 7:38 pm by Howard Friedman
The appellate court remanded for the district court to now rule on the likelihood of success on the merits using strict scrutiny, but added:Acknowledging the weighty interests at stake in this litigation (the plaintiffs’ in the free exercise of their faith and the Department’s in the health of newborns and in informed parental consent concerning risks these newborns face), we express no view as to whether plaintiffs have satisfied this [strict scrutiny] standard, believing that… [read post]
29 Oct 2014, 7:31 am
All those big events, both the private and the public, surely were exciting at the time and merit further study today. [read post]
3 Dec 2019, 10:47 am
Twenty years ago this would’ve been big news, but those numbers have become routine at One First Street. [read post]
29 Nov 2013, 5:34 am by Howard Friedman
 The appeals court said:it appears that Milewski might have been ... attempting to present a First Amendment challenge to the implied consent law.... [read post]
8 Nov 2022, 7:42 am by Howard Friedman
  The court said in part:Plaintiffs have shown a likelihood of success on the merits of their First Amendment claim....The Court finds that Defendants seek to silence Plaintiffs’ appropriate speech as to Proposal 3 by refusing to broadcast it with their morning announcements, while permitting students in favor of Proposal 3 to cut classes, and to demonstrate on school property in favor of Proposal 3.Thomas More Law Center issued a press release announcing the decision… [read post]
1 May 2023, 8:00 am
’”Defendants attack of the case’s merits was characterized as “unavailing at this juncture,” as the plaintiff was only required to evince that her claims were "neither spurious nor sham. [read post]
30 Mar 2017, 4:05 am by Howard Friedman
"  The court said in part:The Court determined in its TRO that the preliminary evidence demonstrates the Executive Order’s failure to satisfy Lemon’s first test.... [read post]
17 Mar 2017, 8:47 am
" And all that's just in the first paragraph! [read post]
6 Aug 2019, 4:45 am by Jon Katz
Mass murders do not merit more attention than individual murders. [read post]
20 Jun 2017, 4:05 am by Howard Friedman
 The court said:The district court properly concluded that Plaintiffs cannot demonstrate a likelihood of success on the merits of their First Amendment free speech or free exercise claims.... [read post]
8 Aug 2014, 11:44 am
The process involves first speaking with a qualified attorney who can relay your options. [read post]
7 Mar 2016, 7:06 am
At first glance, this concept appears to have some merit:"Mothers of children with fatal defects will have the option to give birth. [read post]
19 Aug 2021, 2:01 am by Jen Patja Howell
What’s the state of the law, and is there any merit to Facebook’s claims that its hands are tied? [read post]