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19 Mar 2010, 6:53 am by Mark S. Humphreys
Pecore, the court cited Texas law, stating "The duty to defend arises when the facts alleged in the complaint, if taken as true, potentially state a cause of action within the terms of the policy". [read post]
25 Apr 2022, 6:30 am by Public Employment Law Press
Further, said the Appellate Division, in determining whether a challenged statement is opinion or fact, the factors to be considered by courts are: "(1) whether the specific language at issue has a precise, readily understood meaning; "(2) whether the statements are capable of being proven true or false; and "(3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to… [read post]
25 Apr 2022, 6:30 am by Public Employment Law Press
Further, said the Appellate Division, in determining whether a challenged statement is opinion or fact, the factors to be considered by courts are: "(1) whether the specific language at issue has a precise, readily understood meaning; "(2) whether the statements are capable of being proven true or false; and "(3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to… [read post]
9 Jan 2017, 10:06 pm by Wolfgang Demino
Stated differently, if a party prevails in one action after asserting the truth of one version of the facts, he cannot attempt to prevail in a later proceeding by asserting those same facts are not true. [read post]
29 Jun 2024, 11:07 am by Joel R. Brandes
When he learned the true state of affairs, he applied for the return of the child with the Brazilian Ministry of Justice. [read post]
13 Apr 2010, 3:12 pm
Making a formal pact with federal prosecutors has many advantages, as demonstrated in United States v. [read post]
28 Feb 2022, 9:00 pm by Vikram David Amar
Notable state judicial review under state constitutions in fact predated the Philadelphia Convention and Marbury v. [read post]
8 Jul 2015, 8:33 am by Second Circuit Civil Rights Blog
While the state court in affirming Lewis's conviction said that all exculpatory information was revealed to him prior to trial, the Court of Appeals says this was simply not true. [read post]