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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 by Phil Dixon
The Fourth Circuit first determined that a vindictive sentencing claim fell outside the scope of the appeal waiver. [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]
8 Sep 2023, 5:00 am by jonathanturley
” That is the key to Tribe’s appeal: the absence of doubt. [read post]
The appellants fell back upon the suggestion that there were other cases of a more severe nature that were given lighter sentencing. [read post]
4 Sep 2023, 5:00 am
When the Association moved [via motion for summary judgment] for pre-trial dismissal of the case, the court granted the request.But on appeal, the Appellate Division, Second Department, thought the Association hadn’t shown a “prima facie entitlement to a judgment as a matter of law. [read post]
1 Sep 2023, 3:43 pm by Greg Sisk
I begin today with our study of Establishment clause decisions in the federal district courts and courts of appeals from 2006 through 2015. [read post]
1 Sep 2023, 11:03 am by Eugene Volokh
Siegfried, the Tenth Circuit held that four emails from parents, an in-school discussion, and news reports about a student's Snapchat post fell short of "Tinker's demanding standard" for substantial disruption. [read post]
31 Aug 2023, 6:28 am by Friedman, Rodman & Frank, P.A.
In a recent case, the Third District Court of Appeals in Florida issued an opinion in an appeal involving a personal injury claim between the Appellants, the plaintiff, and the Appellee, Lawson Industries, Inc., (Lawson). [read post]
30 Aug 2023, 5:00 pm
” By way of example, it did not believe N.S.'s alleged sexual misconduct fell within that driver’s “scope of employment. [read post]
29 Aug 2023, 10:00 pm by Patrick Bracher (ZA)
The determination of such merits-based issues properly fell within the ambit of the Ombud’s statutory powers. [read post]
29 Aug 2023, 9:07 pm by Bill Marler
A new journal article on the polony tragedy was just published: “Cost estimation of listeriosis (Listeria monocytogenes) occurrence in South Africa in 2017 and its food safety implications. [read post]