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7 Oct 2008, 5:59 pm
NO-FAULT - SPECIAL PROCEEDING TO VACATE MASTER ARBITRATION AWARD - INTEREST - TOLLING - ACCRUALCanarsie Medical Health, P.C. a/a/o Ricky Barry v. [read post]
19 Sep 2008, 10:31 am
  "For the reasons stated herein, the New Motion is denied. [read post]
19 Sep 2008, 10:31 am
  "For the reasons stated herein, the New Motion is denied. [read post]
16 Sep 2008, 1:00 pm
Sec. 1441 permits removal of diversity cases only if no defendant "properly joined and served" is a resident of the state in which the case was filed. [read post]
15 Sep 2008, 8:29 pm
Torres, No. 072331 Sentence of 188 to 235 months for possession of crack cocaine with intent to distribute is affirmed where: 1) the court did not abuse its discretion in counting both the state drug offense and the state gun offense as contributing to defendant's status as a career offender; 2) the district court was correct in finding the state gun conviction to be a "crime of violence" for career-offender purposes; and 3) district court was compelled to… [read post]
15 Sep 2008, 8:25 pm
Goldner, No. 07-10711 Dismissal of a debt-collection action as time-barred is affirmed where a state statute tolling the limitations period against out-of-state defendants imposed burdens on interstate commerce in excess of its local benefits, and thereby violated the Commerce Clause. [read post]
10 Sep 2008, 9:10 am
But the Court stopped short of holding that the evidence was insufficient to prove tolling because the defendant never requested a statute of limitations instruction (so the State wasn't required to prove it). [read post]
9 Sep 2008, 2:25 pm
Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law… [read post]
5 Sep 2008, 11:01 pm
& Ors v Deisel Spa and Case C-302/08 Zino Davidoff SA v Bendesfinanzdirektion Sudost: (Class 46), EPO Boards of Appeal finds that when a fax is transmitted and an ‘OK’ is noted by the sender, this is evidence that the transmission was successful: (IPKat), Professor Hugenholtz slams European Commission for ignoring evidence on copyright extension: (Techdirt)   Germany Federal Patent Court publishes guidelines on colour trade mark Signal Yellow:… [read post]