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10 Dec 2017, 9:43 am by Wolfgang Demino
In addition to addressing the date that they acquired actual notice of the judgment, Staley averred that he had checked the files at their office and did not find any misfiled notices or mail, and both Staley and Elder averred that they had never received notice from the court clerk of the venue change, the trial setting, or the default judgment.II. [read post]
28 Jun 2012, 6:47 pm
Supreme Court rules on the Patient Protection and Affordable Care Act National Federation of Independent Business et al. v. [read post]
13 Dec 2021, 1:21 pm
Kemble, the Superior Court noted in language that is arguably dicta, that a claim of recklessness on the part of a defendant amounts to an averment regarding the state of mind of a defendant at the time of an accident and that, under express provisions of Pa.R.C.P. 1019(b), such averments as to the state of mind of a party may be generally pleaded in a personal injury complaint. [read post]
11 Jan 2008, 9:00 am
Such an allocation, it avers, "would be irreconcilable with this Court's cases," which state that a recidivist enhancement is not a separate punishment from the underlying offense but rather constitutes a "stiffened penalty" for the underlying offense. [read post]
22 May 2015, 12:26 pm
They include: (1) Nonnon v City of New York;2 (2) Simpson v City of New York;3 (3) Irizarry v City of New York;4 (4) Carollo v City of New York;5 (5) Walsh v City of New York;6 (6) Arisio v City of New York;7 (7) Parmigiano v City of New York;8 (8) Phillips v City of New York;9 and (9) Nessen v City of New York.10 There were 29 plaintiffs in the original nine actions. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
" The amended complaint avers that the historical background leading to the passage of the Hecht-Calandra Act evinces discriminatory intent.The amended complaint alleges that this pipeline is responsible for racially disparate and dismal results. [read post]
8 May 2024, 6:00 am by Public Employment Law Press
" The amended complaint avers that the historical background leading to the passage of the Hecht-Calandra Act evinces discriminatory intent.The amended complaint alleges that this pipeline is responsible for racially disparate and dismal results. [read post]
6 May 2025, 1:44 pm by Public Employment Law Press
In an affidavit submitted in support of Jamieson's motion, Lindeman averred, among other things, that the Lindeman report, which accompanied her affidavit and was initialed by her on each page, was authentic. [read post]