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20 Nov 2017, 7:43 am by Joel R. Brandes
" The Appellate Division held that a default is not willful when it arises from financial disability or from "a sincere, though mistaken, belief that payments were not required, especially when that belief was based upon advice from counsel" (Parnes v Parnes, 41 AD3d 934, 937 [2007]; see Desautels v Desautels, 80 AD3d 926, 930 [2011]; see also Allen v Allen, 83 AD2d 708, 709 [1981]). [read post]
20 Nov 2017, 7:43 am by Joel R. Brandes
" The Appellate Division held that a default is not willful when it arises from financial disability or from "a sincere, though mistaken, belief that payments were not required, especially when that belief was based upon advice from counsel" (Parnes v Parnes, 41 AD3d 934, 937 [2007]; see Desautels v Desautels, 80 AD3d 926, 930 [2011]; see also Allen v Allen, 83 AD2d 708, 709 [1981]). [read post]
9 Nov 2017, 5:04 am by Kelly Phillips Erb
On June 1st, 2017, the United States District Court (USDC) at Washington D.C. granted summary judgement in the case of Adam Steele, et al. v. [read post]
25 Oct 2017, 11:34 pm by Kluwer UPC News blogger
When the Member States of the EPC entered into an association, they completely disregarded the obligations imposed on them for many years by national constitutional law, by the European Convention on Human Rights (ECHR) – for all member states – as well as, for all EU member states, by the EU Charter of Fundamental Rights. [read post]
25 Sep 2017, 4:14 am by Edith Roberts
” In an op-ed in The Washington Post, Angela Allen-Bell urges the court to review Lambert v. [read post]
5 Sep 2017, 8:43 am by John Rubin
Allen, 442 U.S. 140 (1979) (even if a presumption is considered permissive, there must be a “rational connection” between the facts proved and the fact to presumed); see also State v. [read post]