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22 Apr 2015, 4:13 pm by Jon Gelman
If such consolidation is to occur, like it or not, I believe it will happen federally and not in the states — and no time soon. [read post]
20 Sep 2018, 4:16 pm by Brian Shiffrin
Herrod , 2018 NY Slip Op 05110 [163  AD3d 1462 [4th Dept July 6, 2018],  the Fourth Department stated, Defendant contends that County Court misstated his burden under the first step of the three-step Batson test. [read post]
1 Nov 2010, 12:08 pm by Scott Koller
As noted above, the fact that the claimant was initially found disabled under the terms of the plan may be considered evidence of the claimant's disability, but as the Eighth Circuit stated in McOsker v. [read post]
27 Jun 2016, 8:39 am by Andrew Morgan
The US Supreme Court [official website] on Monday ruled [opinion, PDF] 5-3 in Whole Woman's Health v. [read post]
28 Sep 2018, 3:00 am by Paul Caron
Thimmesch (Nebraska), Darien Shanske (UC-Davis) & David Gamage (Indiana), Wayfair: Substantial Nexus and Undue Burden, 89 State Tax Notes 447 (July 30, 2018): This is the first of a series of essays wherein we analyze the U.S. [read post]
25 Jul 2010, 9:04 pm
This is the train of citations (Sidhom is not pertinent): Thomas (2002): The defendant, however, bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him (see, People v Berrios, supra at 367; People v Baldwin, 25 NY2d 66, 70; People v Whitehurst, 25 NY2d 389, 391; Nardone v United States, 308 US 338, 341-342), and that the police lacked probable cause to arrest him (see,… [read post]
7 Oct 2015, 7:58 am by Gene Quinn
Several weeks ago, the United States Court of Appeals for the Federal Circuit issued a decision in Dynamic Drinkware v. [read post]
16 Dec 2011, 12:01 pm by Donna Eng
  After reading such statement several times, I realized that this premise is really the crux of the issue in State v. [read post]
23 Feb 2012, 6:29 pm by Zachary Spilman
CAAF heard oral argument last week in the case of United States v. [read post]
19 Dec 2019, 5:01 am by Hon. Richard G. Kopf
[v] He taught me a lot even though he was unable to sway the Nebraska Supreme Court. [read post]