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20 Oct 2015, 3:59 pm
At least, this is now true for courts within the First Department.In its 2005 decision, People v Catu, the New York Court of Appeals made clear that post-release supervision is a direct consequence of a conviction and announced a new constitutional rule, that is: Before accepting a guilty plea, the court must advise the defendant of the post-release supervision component of his conviction (4 NY3d 242 [2005]). [read post]
21 Mar 2017, 2:11 pm
In its review of the same cases, the Supreme Court stated that the opposite was true – laches was not to be used to bar a claim for damages within the time set forth by Congress. [read post]
18 Aug 2017, 4:06 am
The balancing act can be seen in more detail in a series of decisions by the European Court of Human Rights (ECtHR), which start with Delfi v Estonia, and culminates with MTE v Hungary. [read post]
31 Mar 2019, 4:00 am
See Johnson v. [read post]
31 Aug 2023, 5:43 am
We recently discussed a troubling decision from the United States Court of Appeals for the Fourth Circuit in Porter v. [read post]
5 May 2024, 9:44 am
It will get the benefit of the court’s “heavy presumption” that it’s true, even if it’s not. [read post]
19 Jun 2023, 7:41 am
Colorado about the definition of true threats online 303 Creative LLC v. [read post]
3 Oct 2011, 3:11 pm
United States v. [read post]
17 May 2010, 11:56 am
United States, 217 U. [read post]
30 Jun 2009, 1:57 am
Per Golden v. [read post]
29 Mar 2012, 11:39 am
" US v Abdul H. [read post]
29 Mar 2012, 11:39 am
" US v Abdul H. [read post]
20 Apr 2014, 4:35 pm
The courts in the United States do not recognize the "well-known mark" basis for relief (but see Grupo Gigante v. [read post]
25 Nov 2024, 5:44 am
In Grasso v Guarino 2024 NY Slip Op 02692 [227 AD3d 872] May 15, 2024 Appellate Division, Second Department, even allegations that the law firm falsely stated that plaintiff had been sanctioned and a claimed deceitful representation that there were no client notes is insufficient. [read post]
24 May 2024, 3:58 am
Grasso v Guarino 2024 NY Slip Op 02692 Decided on May 15, 2024Appellate Division, Second Department illustrates the quanta of allegations necessary to state a cause of action in Judiciary Law 487 claims. [read post]
21 Nov 2019, 7:06 am
Connecticut joined a multi-state amicus brief filed in support of the respondents in New York State Rifle & Pistol Association v. [read post]
20 Sep 2016, 11:27 am
This is especially true in the federal courts. [read post]
22 Jun 2009, 11:07 am
I leave it to you, dear reader, to speculate as to any underlying motivation.In Hui Lin v. [read post]
5 Apr 2012, 8:57 pm
Every state has its own law on punitive damages. [read post]
15 Feb 2015, 9:21 am
And it was true: Company policy did clearly state workers were expected to report an accurate number of the hours they worked. [read post]