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30 Apr 2015, 1:11 pm
Id. 275-76.After trial, defendants filed motions for JNOV, for a new trial, and for remittitur. [read post]
15 Feb 2013, 5:59 am
The opinion notes that “[m]ore than 50 texts were sent by Hunter to Husband over that time period, ending when the boy went into cardiac arrest and was rushed to the hospital. [read post]
14 Mar 2014, 2:57 pm
The court outlined one more relevant standard before addressing the substance of Belleville’s argument on appeal: Whether a defendant acted recklessly does not depend upon the actual harm resulting from [read post]
28 Jun 2022, 9:00 pm
He has argued successfully in the Supreme Court and is currently of counsel to Lawyers Defending American Democracy. [read post]
9 Sep 2024, 2:53 am
(NYSCEF No. 49 at ¶ 13; NYSCEF 51 ¶ 50.) [read post]
8 Feb 2017, 6:40 am
" [para 50]The operator of a site that merely indexes the content that is present on the P2P network has, in principle, no influence over the appearance of a given work on that network (it is only an intermediary which enables users to share the content on a P2P basis). [read post]
19 Nov 2022, 11:38 am
Anthony, 2022 VT 50. [read post]
8 Feb 2017, 5:10 am
" [para 50]The operator of a site that merely indexes the content that is present on the P2P network has, in principle, no influence over the appearance of a given work on that network (it is only an intermediary which enables users to share the content on a P2P basis). [read post]
31 Mar 2022, 11:00 pm
U.S. antitrust law is defendant-friendly, and the district judge made a number of factual determinations to which the "clear error" standard of review applies. [read post]
24 Oct 2007, 3:48 pm
This comes following the buyout group's assertion that a Material Adverse Effect has occurred and that it does not intend to proceed with the buyout deal. [read post]
17 Feb 2020, 12:00 pm
In addition, almost 50% of nonelderly adults have insurance that requires high deductibles and significant out-of-pocket costs. [read post]
22 Nov 2009, 7:02 pm
It is important to note, as Jason Tenenbaum does over at No Fault Defender, that the Second Department has not ruled that all early or premature follow-up verification requests are okay and inconsequential to the insurer's claim defenses. [read post]
3 Dec 2014, 2:22 pm
Does it really matter? [read post]
2 Dec 2021, 5:01 am
I look forward to seeing how the state will try to defend the statute. [read post]
23 Sep 2016, 8:50 am
The defendant moved to Wilmington, North Carolina with both kids. [read post]
6 Jul 2009, 9:34 pm
It should also be rejected by those who welcome a border-less internet - an internet that does not require online commerce sites or pajama-clad bloggers hawking shirts and hats to register as a business in all 50 states. [read post]
24 Sep 2007, 8:23 am
Incarceration is an expensive alternative, and it usually does not adequately address the health problems of such defendants. [read post]
13 Nov 2011, 9:14 am
” Essentially, preponderance of evidence means that the plaintiff must prove the case by evidence just over 50% to prevail, which is obviously a significantly easier burden than in a criminal case, in which the prosecution must prove that the defendant is guilty “beyond a moral certainty. [read post]
17 Jul 2012, 11:40 am
I find he was driving his vehicle well within its limitations of speed and turning, and I accept his evidence that the accident resulted when his foot slipped from the brake to the accelerator, causing the vehicle to accelerate directly into the retaining wall. [50] In the result, I find the defendant has failed to establish that the plaintiff was operating his vehicle in breach of the Regulation or his insurance policy. [read post]
19 Feb 2015, 3:41 am
Of great significance, and as noted by the appellate court, “[d]etermining whether a document is forged ‘does not depend so much on whether it contains a falsehood, but on whether, on its face, it misrepresents its authenticity’” (People v Briggins, 50 NY2d 302, 306 [1980]). [read post]
