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24 May 2017, 2:22 pm by Aurora Barnes
Court of Appeals for the 6th Circuit properly held that the alleged instructional error was harmful and that Davis v. [read post]
24 May 2019, 4:36 am by Andrew Lavoott Bluestone
Plaintiff commenced this action against defendant for breach of contract, an account stated, quantum meruit and unjust enrichment. [read post]
9 Aug 2021, 9:01 pm by Vikram David Amar
  One of the most extensive modern political-question discussions by the Supreme Court came in the 1993 Supreme Court ruling of Nixon v. [read post]
18 Jun 2018, 5:27 pm by Wolfgang Demino
Davis, for Plaintiff-Appellant.Shelley Luan Hopkins, for Defendant-Appellee.Appeal from the United States District Court for the Western District of Texas, USDC No. 1:13-CV-193.Before: SMITH, WIENER, and WILLETT, Circuit Judges.PER CURIAM.[*]The Smiths appeal the district court's denial of their motion to remand their case to state court. [read post]
23 Sep 2012, 5:28 am by Lee Davis
The data, apparently obtained with a phone company’s help, led to a warrantless search of the motor home and the seizure of incriminating evidence.The majority opinion held that there was no constitutional violation of the defendant’s rights because he “did not have a reasonable expectation of privacy in the data given off by his voluntarily procured pay-as-you-go cellphone.”The panel drew a distinction between its ruling and a ruling by the Supreme Court last January in United… [read post]
23 Mar 2022, 3:28 am by Andrew Lavoott Bluestone
“An attorney may not be held liable for failing to act outside the scope of a retainer” (Attallah v Milbank, Tweed, Hadley & McCloy, LLP, 168 AD3d 1026, 1028 [2d Dept 2019]; see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 435 [2007]). [read post]
13 Nov 2015, 3:48 am by Amy Howe
Commentary on last week’s arguments in Spokeo, Inc. v. [read post]
28 Mar 2011, 7:29 pm by cdw
In the news “the Supreme Court has rejected an appeal from Georgia death row inmate Troy Davis, clearing the way for the state to resume planning for Davis’ execution. [read post]
This post in our Landmark Montana Supreme Court Decision Series discusses the Montana Supreme Court’s consideration of an insurer’s duty to defend in National Indemnity Co. v. [read post]
30 Oct 2012, 1:56 am by Andrew Lavoott Bluestone
Moreover, where a trial court sets a specific deadline for expert disclosure, it has the discretion, pursuant to CPLR 3126, to impose appropriate sanctions if a party fails to comply with the deadline (see MacDonald v Leif, 89 AD3d 995; Pirro Group, LLC v One Point St., Inc., 71 AD3d 654; Bomzer v Parke-Davis, 41 AD3d 522; Maiorino v City of New York, 39 AD3d 601) . [read post]