Search for: "Bear v. State"
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27 Nov 2013, 3:30 pm
People v Sivells and People v Arotin held that a sex offender making an application for a downward departure bears the burden of establishing his or her entitlement to relief. [read post]
11 Jul 2009, 12:14 pm
Ruling in State of Wisconsin v. [read post]
13 Oct 2008, 7:20 am
South Carolina criminal defense lawyer Bobby Frederick has posted about the South Carolina Supreme Court's consideration of State v. [read post]
25 Nov 2011, 5:00 am
See Irby v. [read post]
25 Oct 2008, 10:42 am
In United States v. [read post]
24 Nov 2010, 2:26 am
Continental Casualty Co. v. [read post]
10 Jun 2007, 8:32 pm
Per Lowery v. [read post]
5 Apr 2008, 2:18 am
Trans USA Products, Inc. v. [read post]
24 Nov 2009, 4:51 am
Florida Dept. of Families and Children v. [read post]
20 Dec 2010, 8:33 pm
Co. v Bettenhauser, 95 NY2d 185, 188; Siragusa v Granite State Ins. [read post]
15 Nov 2019, 4:35 am
Although the Supreme Court in Clinton v. [read post]
30 Sep 2024, 5:50 am
” “A defendant who moves to dismiss based on the statute of limitations bears the initial burden of proving that the time to sue has expired (Lebedev v Blavatnik, 144 AD3d 24 [1st Dept 2022]). [read post]
12 Oct 2020, 9:01 pm
The SG relies principally on Alaska Airlines v. [read post]
5 Aug 2014, 10:14 am
Thus, in R (Elias) v Secretary of State for Defence [2006] 1 WLR 3213 para 165 provides that in discrimination cases there should be a structured approach to the question of justification: “First, is the objective sufficiently important to justify limiting a fundamental right? [read post]
8 Jun 2023, 12:22 am
In addition to the Illinois patients, there are patients in other states, but the Illinois officials did not report what states are involved. [read post]
8 Dec 2020, 6:02 am
In this sense, the CJEU reasoned that paragraph 1 in that provision must be interpreted as allowing a court of a Member State to apply a convention concluded between a Member State of the EU and a non-member State before 1 January 1958 or, for States acceding to the EU, before the date of their accession, such as the Convention between Switzerland and Germany concerning the Reciprocal Protection of Patents, Designs and Trademarks, signed in Berlin on 13 April… [read post]
28 Mar 2012, 7:18 am
Advanced Display Technologies of Tex, LLC v. [read post]
19 Jan 2007, 5:26 am
That end result does not appear to have happened here.For a copy of the Appellate Division's decision Horwitz v 1025 Fifth Ave., Inc., please click on the following link:[www.nycourts.gov] ===============*Under New York State law, Real Property Law section 234, when a residential lease provides that a landlord may recover its fees and costs incurred during the course of a lawsuit, a tenant will also entitled to seek such reimbursement -- should it prevail on its… [read post]
28 Jan 2014, 3:36 pm
” As I explained in an earlier post, Congress intended RFRA to incorporate by reference the Supreme Court’s Free Exercise Clause jurisprudence from the era preceding Employment Division v. [read post]
7 Nov 2014, 5:52 am
By our count, federal judges have trampled over state sovereignty with respect to the heeding presumption in no fewer than eleven states – Alaska, Colorado (despite contrary state-court authority), Georgia, Hawaii, Illinois, Iowa, Kentucky, Maine, New York (despite contrary state-court authority), South Dakota, and Wyoming.Finally, because various states have taken quite different approaches to whether a heeding presumption exists at all and… [read post]
