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24 Jun 2011, 3:49 am by Russ Bensing
  The fascinating aspect here is that the case may well have turned on the fact that the reason the analyst who performed the test didn’t testify at trial was because he’d been abruptly placed on unpaid leave right before it. [read post]
29 Mar 2019, 1:16 pm
Molinaro represented himself in this proceeding, as well as on appeal, and he used a lot of fancy legal language in places. [read post]
14 Sep 2011, 4:25 am by Russ Bensing
”  This past summer, in State v. [read post]
After an exhaustive review of the authorities, starting with the landmark judgments of the House of Lords in In re F (Mental Patient: Sterilisation) [1990] 2 AC and Airedale NHS Trust v Bland [1993] AC 789, as well as a detailed consideration of the statutory scheme under the Mental Capacity Act 2005 and guidance from BMA/GMC/RCP,  Lady Black (with whom the other Justices all agreed[1]) concluded that neither the common law nor the ECHR required such an application to be… [read post]
22 Jan 2018, 4:31 am by SHG
As a rebuttable presumption, this may well work. [read post]
13 Jul 2015, 3:51 am
When can a product be described as having been “made in” a given place? [read post]
28 May 2009, 5:42 pm
Take a bow Judge Leban, well done. [read post]
13 Feb 2024, 3:50 am by Daniel M. Kowalski
Matter of Aguilar Hernandez is a victory for noncitizens seeking to terminate removal proceedings on the basis of a defective NTA, but it is interesting for another reason, as well – it represents one of the rare instances in which the BIA has cited Kisor v. [read post]
24 Nov 2020, 9:59 am by CMS
The court was required to consider the proper application of this ground as well as the relevance of a party’s conscious breach of a restrictive covenant. [read post]
19 Dec 2014, 5:12 am
They found packages of marijuana in a storage compartment located in the driver's door as well as a cell phone in the same area. [read post]
27 May 2009, 4:17 am
Here, in Nomura Asset Capital Corp. v Cadwalader, Wickersham & Taft LLP ; 2009 NY Slip Op 04099 ; Decided on May 26, 2009 ; Appellate Division, First Department we see a well reasoned discussion of the difference. [read post]