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17 Sep 2009, 4:30 am
If somebody - anybody - at the hospital had simply looked at the thing, either when it was initially stored or later when it was taken back out for use, the error would have been readily apparent from the labeling, and the injury would never have occurred. [read post]
14 Oct 2014, 11:09 am
The City also argued the danger was open and obvious. [read post]
12 Jan 2019, 9:01 am
Judge Hildebrand had concluded that Rule 50 disclosed no basis for overruling the principle of open justice in this case, she said, adding: “Exercising the jurisdiction of the EAT as an appellate Tribunal, the question is whether the view formed by the ET demonstrated an error of law. [read post]
9 Nov 2010, 10:21 am
In order to establish plain error, Appellant must show: 1) the alleged error clearly appears in the record; 2) the error transgressed an unequivocal rule of law in a clear and obvious way; and 3) the error adversely affected Appellant’s substantial right resulting in material prejudice to him.The first prong of the plain error test is satisfied. [read post]
3 Aug 2023, 8:04 am
Defendant’s plea agreement required him to plead guilty and acknowledge responsibility in open court, and stated the trial court would then enter a prayer for judgment in the matter. [read post]
10 Aug 2012, 1:11 pm
Though the SCOV finds error here—a summary is not the same as a recording—the error is harmless. [read post]
9 Oct 2023, 2:42 pm
According to Leon, if the error is big, the government needs to be deterred and is at fault for executing a warrant. [read post]
10 Aug 2012, 1:11 pm
Though the SCOV finds error here—a summary is not the same as a recording—the error is harmless. [read post]
17 Sep 2008, 12:06 pm
The patient returns home and upon entering his home, his shunt, which is connected directly to his artery bursts open. [read post]
21 Nov 2018, 9:59 am
The appellate court rejected these assignments of error finding that the plaintiff failed to object to the comments during trial and that the judge provided an appropriate limiting instruction to the jury about opening and closing statements not constituting evidence and that the trial was not intended to critique the parties’ discovery process. [read post]
2 Mar 2020, 9:18 am
But some errors are hard or impossible to fix; missed jurisdictional deadlines are a classic example, and so are erroneous filings in open court (again, especially if the request comes after weeks or months rather than days). [3.] [read post]
28 Mar 2022, 2:00 am
Portal Opens April 1 Contrary to the OFCCP’s cajoling e-mails, there is no deadline to register in advance of the certification portion of the portal opening on April 1, 2022. [read post]
23 Dec 2005, 11:13 am
Check it for errors and follow up on all errors to be sure they get corrected. [read post]
11 Jul 2021, 12:58 pm
I am not therefore persuaded that his decision discloses any error of law. [read post]
3 Mar 2011, 5:28 am
Johnson testified that she always opens every piece of mail she receives except for her bank statements, and that she never received the notice Farm Bureau. [read post]
23 Jun 2011, 7:09 am
A perforation is when a part of the body, like a ureter or bowel, has been cut or slit open. [read post]
13 Nov 2015, 11:23 am
The intermediate appellate court affirmed the trial court’s order with regard to liability, but it reversed the nisi additur and also found error with regard to the allocation and setoff of certain settlement proceeds. [read post]
8 May 2007, 10:37 pm
The Supreme Court got around this by creating a different test for TSM (the first error of the CAFC: "The first error of the Court of Appeals in this case was to foreclose this reasoning by holding that courts and patent examiners should look only to the problem the patentee was trying to solve. (...) [read post]
24 Apr 2019, 7:37 am
Ben opens by explaining what gerrymandering is and why it matters. [read post]
3 Mar 2010, 8:33 pm
Even ignoring how error-prone counting is for humans, reliance on this structure is not ideal. [read post]
