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3 Nov 2017, 3:55 am by Andrew Lavoott Bluestone
A stipulation which stated that the statute of limitations would not be asserted failed to stop the assertion of the statute of limitations in Dineen v Pratt  2017 NY Slip Op 07590  Decided on November 1, 2017  Appellate Division, Second Department the first half of which we reported on yesterday. [read post]
20 Apr 2012, 3:00 am by Ted Folkman
The case of the day is Everplay Installation, Inc. v. [read post]
30 Jun 2020, 2:51 pm by Jane S. Schacter
Justice Stephen Breyer’s majority opinion in Whole Woman’s Health held that the Texas law constituted an “undue burden” on access to abortion in violation of Planned Parenthood v. [read post]
16 Mar 2007, 9:25 am
Specific jurisdiction may exist where the claim is related to or arises out of the defendant's contacts with the state, or general jurisdiction may exist when the defendant's contacts with the forum state are continuous and systematic. [read post]
27 Jan 2012, 5:47 am by Rosalind English
The Appeal  The main ground of appeal was based on the common law right of access to court, established in  Raymond v Honey [1983 1 AC.1, 13] and a series of pre Human Rights cases such as R v Secretary of State for the Home Department, Ex parte Leech [1994] QB 198, and R (Anufrijeva) v Secretary of State for the Home Department [2004] 1 AC 604 at 621[26]. [read post]
31 Jan 2012, 7:25 am by Michael O'Hear
was holding the state to an unduly high burden of proof. [read post]
4 Jun 2011, 9:44 am by Brian Shiffrin
In the years after the Court of Appeals decision in Stith three of the four Appellate Departments have issued rulings counter to the Stith holding, concluding that because it is the defendant's initial burden to establish standing, the People may raise defendant's lack of standing for the first time on appeal (see People v McCall, 51 AD3d 822, 822 [2d Dept 2008] lv denied 11 NY3d 856 [2008]; People v Hooper, 245 AD2d 1020, 1021 [4th Dept 1997]; People v… [read post]