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28 Dec 2008, 5:28 pm
Prichep, 52 A.D.3d 61 (2nd Dept. 2008), the Second Department held that because such awards relate directly to the fundamental fairness of the proceedings, an award of interim counsel fees to the nonmonied spouse will generally be warranted where there is a significant disparity in the financial circumstances of the parties and should not be denied, or deferred until after the trial, which functions as a denial, without good cause, articulated by the court in a written decision. [read post]
22 Dec 2008, 10:30 pm
This edition of “Petitions to Watch” features cases up for consideration at the Justices’ private conference on January 9. [read post]
21 Dec 2008, 5:35 am
All of the Justices except Chief Justice Roberts and Justice Ginsburg preferred to use short introductions (those limited to one paragraph). [read post]
19 Dec 2008, 8:47 am
Justices who use them tend to use them frequently and Justices who aren’t fond of them don’t use them much at all. [read post]
16 Dec 2008, 3:13 am
posted at tales from the grey, we get a discussion of what the Cook County state's attorney's office found when they entered the police department of Harvey, Illinois which included rape kits which had been corrupted due to neglect.In Passing Judgment: 10th Circuit Case Cites To 4th Circuit Case Allowing Immediate Appeal Of Rape Shield Ruling posted at EvidenceProf Blog, we get a discussion of the results of an appeal made by the rape victim where the issue related to whether the appeal… [read post]
15 Dec 2008, 12:00 pm
Rocketboom, LLC, 2008 NY Slip Op 09656 (1st Dept Dec. 9, 2008). [read post]
15 Dec 2008, 3:13 am
But at least it is possible that the Holder Justice Dept. will drop the investigation. [read post]
14 Dec 2008, 12:20 pm
Barney Corp., 270 AD2d 171, 172 (1st Dept 2000). [read post]
10 Dec 2008, 6:34 am
Furthermore, American Transit could have prevented the default (see, e.g., Halali v Vista Envts., Inc., 8 AD3d 435, 435 [2d Dept 2004] ["(t)he non-party . . . [read post]
9 Dec 2008, 8:17 am
Slutsky's affidavit in view of the Consent Agreement were presented to Justice Freedman on the prior motion for summary judgment and also reviewed by the Appellate Division on appeal. [read post]
8 Dec 2008, 12:00 pm
Beusman, 56 AD3d 735 (2d Dept 2008), in which the court grappled with a disputed sale of an LLC's sole asset in a fight between majority and minority members. [read post]
4 Dec 2008, 3:58 pm
Should he do so, he would be taken to Dept. 100 for sentencing - which is where this all left off. [read post]
4 Dec 2008, 3:25 pm
The Health Care Fraud and Abuse Control Program, a collaboration between the Justice Department and the Dept. of Health and Human Services has released its annual report.The report shows that the government won or negotiated $1.8 billion in settlements in FY 2007 and paid out $122.8 million to whistleblowers.The HCFAC program is designed to coordinate Federal, State and local law enforcement activities with respect to health care fraud and abuse. [read post]
4 Dec 2008, 12:40 pm
Dept. of Justice reported.The company provided medical transcription services to several federal government clients, including the Department of Veterans Affairs (VA), the Department of Defense (DOD) and the Public Health Service (PHS). [read post]
3 Dec 2008, 7:01 pm
US Dept. of Justice, No. 073649 Petition for review of decision denying native citizen of Guinea asylum, withholding of removal, and relief under the Convention Against Torture (CAT), is granted where: 1) given the presence of errors in the Board of Immigration Appeals' decision as to issues that were properly exhausted and the plausibility of other newly claimed errors, remand to the BIA would not have been futile; and 2) there were sufficient exhausted flaws in the reasoning… [read post]
2 Dec 2008, 9:34 am
"]Related Reading on Dissenting Justice:*Progressives Awaken from Obama-Vegetative State *Governing In Prose: Obama's Cabinet Picks Defy Campaign Narrative That Emphasized "Hope," "Change," and "Washington-Outsider" Status* More "Change": Tom Daschle to Lead Dept. of Health and Human Services* If Clinton Becomes Sec. of State for Obama, My Cynicism Will Max Out! [read post]
2 Dec 2008, 4:00 am
The reason I looked at Tina was because I felt like I didn't serve her the justice she was looki [read post]
1 Dec 2008, 2:35 pm
I wanted to post something here to welcome the new General Editor and Articles Editor of Legal Ethics, Christine Parker of the University of Melbourne, and Duncan Webb of the University of Canterbury (lately on loan to the New Zealand Dept. of Justice). [read post]
29 Nov 2008, 8:32 pm
Although I have analyzed these issues many times on Dissenting Justice, I am just a lowly blogger (for the literalists out there, this was a crude attempt at self-deprecating humor).Related Reading on Dissenting Justice:* Progressives Awaken from Obama-Vegetative State* Governing In Prose: Obama's Cabinet Picks Defy Campaign Narrative That Emphasized * "Hope," "Change," and "Washington-Outsider" Status* More "Change": Tom Daschle to Lead… [read post]
29 Nov 2008, 11:47 am
Dept., No. 085082 (6th Cir. [read post]
