Search for: "Fells, Appeal of"
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6 Oct 2023, 5:00 am
VILLAGE WASN'T RESPONSIBLE FOR “OPEN AND OBVIOUS” CONDITIONSAfter she fell off an elevated boardwalk in the Village of Saltaire, MF filed a personal injury case with the Suffolk County Supreme Court seeking damages.Apparently, MF was bike riding along the boardwalk together with her then boyfriend when she suddenly veered off the path and fell to the ground below. [read post]
6 Oct 2023, 4:02 am
Hurbain was unsuccessful on appeal and in 2016 the decision became final. [read post]
5 Oct 2023, 7:51 am
The court explained that nothing else in the record supported defendant’s testimony that he fell asleep in the car and inadvertently ended up at the victim’s house. [read post]
5 Oct 2023, 6:31 am
The court refused to tinker with the judge’s factual findings on appeal. [read post]
5 Oct 2023, 4:11 am
The Board has embraced that argument in several recent Section 2(d) appeals. [read post]
4 Oct 2023, 11:00 pm
After he slipped and fell in an Erie County parking lot owned by Ref Roof Inns, A.S. filed suit to to recover damages for his personal injuries. [read post]
1 Oct 2023, 10:16 am
Appeal dismissed. [read post]
29 Sep 2023, 1:59 am
After the District Court in the Tennessee case issued a preliminary injunction against enforcement of the Tennessee law, Tennessee appealed and the Panel — the same one that issued yesterday’s decision — stayed the injunction pending appeal. [read post]
28 Sep 2023, 6:22 am
., Appeal No. 2022-1461 (Fed. [read post]
28 Sep 2023, 6:22 am
., Appeal No. 2022-1461 (Fed. [read post]
28 Sep 2023, 6:22 am
., Appeal No. 2022-1461 (Fed. [read post]
28 Sep 2023, 4:00 am
In each instance, the Fifth Circuit opinions were written by Judge Jerry Smith: first, when the government sought a stay pending appeal, and subsequently, when the government appealed the merits of Hanen’s preliminary injunction decision. [read post]
27 Sep 2023, 12:40 pm
To prove deficient performance, a defendant must demonstrate that their attorney’s performance fell below the standard of what an ordinary, albeit fallible, lawyer would provide. [read post]
Caddo v. Siemens: Microsoft Settlement Covers Downstream Use and No Jurisdiction Over Foreign Parent
24 Sep 2023, 11:55 am
On appeal, the Federal Circuit affirmed. [read post]
20 Sep 2023, 5:00 am
”When it later moved for pre-trial dismissal of the fifth, sixth, eighth, ninth, tenth, and eleventh predicates, the Bronx County Supreme Court primarily found in the hospital’s favor (except for the negligence related to the bed alarm), triggering an appeal by the Estate's Administrator.On its review, the Appellate Division, First Department, was of the opinion the hospital’s papers were inadequate to warrant the requested relief. [read post]
19 Sep 2023, 8:09 am
The Fourth Circuit first determined that a vindictive sentencing claim fell outside the scope of the appeal waiver. [read post]
19 Sep 2023, 7:42 am
That argument fell flat in 1997 and hasn’t gotten better with time. [read post]
15 Sep 2023, 5:00 am
FAILED TO SHOW LACK OF CONSTRUCTIVE NOTICE OF OILY CONDITION’S EXISTENCEAfter AA fell on an “oily substance” which was on AAC Cross County Mall’s property, the latter moved to dismiss the case alleging that it didn’t create the condition nor that had notice “for a sufficient length of time to discover and remedy itWhen the Westchester County Supreme Court granted the Mall’s request, AA appealed. [read post]
12 Sep 2023, 7:32 am
This fell short of the ten-year possession requirement. [read post]
8 Sep 2023, 8:53 am
What is an obscenity charge? [read post]
