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21 Sep 2018, 8:33 am by Wolfgang Demino
, 134 AD3d 483, 484 (1st Dept 2015).Plaintiffs do not assert any basis for a New York court to establish general jurisdiction over Defendants, nor does any exist under CPLR 301: Wilmington is a Delaware corporation with its principal place of business in Delaware, and GSS is a Massachusetts corporation with its principal place of business in California. [read post]
4 Jan 2019, 2:47 pm by Tilem & Associates
Under section 168-a(2)(d), someone convicted for an out-of-state offense is required to register in New York if they were convicted of “a felony in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdiction in which the conviction occurred. [read post]
15 Mar 2013, 1:58 pm by K&L Gates
  The court reasoned, in part, that it was “irrelevant that [Defendant] ha[d] already turned over 8000 pages of documents to [Plaintiff] because ‘production of information in ‘hard copy’ documentary form does not preclude a party from receiving that same information in computerized/electronic form.' [read post]
14 May 2011, 7:07 am
May 10, 2011): There can be no serious debate, and the government does not dispute, that defendants had a subjective expectation of privacy in their password-protected online account and that this expectation of privacy was, at least initially, reasonable. [read post]
11 Jan 2012, 7:35 am by Robert Vrana
When does judicial efficiency require the District Court grant a defendant’s motion to transfer venue? [read post]
15 Mar 2010, 8:00 am by B.W. Barnett
  Maybe your client does have some history, but has really turned her life around. [read post]
19 Aug 2020, 11:26 am by Brittany Williams
The Court of Appeals also held that the lack of felonious intent negated the defendant’s ability to be convicted of the offense of felonious breaking or entering, and remanded the matter in order for the trial court to enter judgment against defendant for misdemeanor breaking or entering, which does not require felonious intent. [read post]
26 Apr 2010, 8:23 am by Moseley Collins
Accordingly, the Plaintiff should be precluded from recovery when the causal relationship between the defendant's conduct and the plaintiff's injury does not justify imposing tort responsibility on the defendant. [read post]
18 Oct 2011, 4:20 am by Gritsforbreakfast
One would imagine if a defendant is eligible for appointed counsel they'd automatically be eligible to have their surcharges waived. [read post]
2 Dec 2010, 4:13 am by Ben Vernia
The Court sided with the relator, concluding that the seal provision, 31 U.S.C. 3730(b)(2) is not jurisdictional, and that a violation of that clause does not require dismissal of a suit per se. [read post]
11 Sep 2009, 2:18 pm by Mary Davison
On remittur, defendant declined to request vacatur, and instead asked County Court for the 2 to 4 year sentence. [read post]
24 May 2012, 5:18 am by Andrew Frisch
It was undisputed that the plaintiff performed many duties for the defendants- operators of a group home- over the approximate 2 years in question, including obtaining workers compensation insurance, attendance at residential training classes, cleaning and purchasing items for the facility, putting in business processes for the business (i.e. payroll services), marketing, hiring employees on behalf of defendants and other duties necessary for the defendants’… [read post]