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18 Feb 2010, 10:14 am
On the other hand, applying New York law in this instance, pursuant to the doctrine of primary assumption of risk, a participant "engaging in a sport or recreational activity... consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation" (Morgan v State of New York, 90 NY2d 471, 484 [1997]; see Turcotte v Fell, 68 NY2d 432, 438-440 [1986]; Youmans v Maple Ski… [read post]
28 Sep 2015, 11:40 am
" (See WJLA-TV v. [read post]
10 Jul 2015, 11:52 am
Glatt v. [read post]
25 Apr 2012, 6:24 am
In Arizona v. [read post]
11 Sep 2021, 9:53 am
Here's a follow-up to my commentary on the Epic Games v. [read post]
29 Nov 2011, 12:15 pm
United States and Ashcroft v. al-Kidd (used with permission, www.courtartist.com) How should citizens in a republic bound by the rule of law regard the pretextual use of law by state officials? [read post]
31 Jan 2011, 5:08 am
People v. [read post]
16 Jul 2010, 6:20 am
And several law firms have changed their mandatory retirement policies in light of the Sidley experience. [read post]
9 Nov 2018, 7:34 am
The UT upheld this reasoning, however the Court of Appeal allowed the Government’s appeal by applying a “compelling reasons” test and assessing harshness in light of the “nature of the offending”. [read post]
14 Nov 2007, 6:24 pm
As noted in this prior post, a Sixth Circuit panel earlier this month indicated that all three members would "strongly recommend" en banc review of the "important question" of "whether the continuing use of acquitted conduct as a sentencing enhancement violates United States v. [read post]
25 May 2011, 3:56 pm
United States v. [read post]
15 Nov 2010, 1:18 pm
” State v. [read post]
25 Jan 2010, 5:25 am
In People v. [read post]
10 Feb 2014, 7:03 am
In Kolbe & Kolbe Health and Welfare Benefit Plan v. [read post]
30 Jun 2009, 10:19 am
They were identified as: Edgar Smith, Kimberly Smith, Edgar Smith,V and Emily Smith. [read post]
14 Jul 2008, 7:09 pm
The blawgosphere has been buzzing about the supposed death of punitive damages in light of the Supreme Court's decision in Exxon Shipping Co. v. [read post]
23 Jan 2010, 7:00 am
One "Ellie Light" has been writing "letters to the editor" in support of President Obama. [read post]
3 Feb 2017, 1:37 pm
” O’Brien v. [read post]
10 Apr 2007, 5:51 pm
" In addition, it does quote from Newman v Eagle Bldg Techs in relation to the relevance of a lead plaintiff’s location: “In light of today’s travel and communication methods, the geographical location of the [foreign lead plaintiff movants] is irrelevant. [read post]
15 Jul 2020, 3:50 pm
Dear Readers:Just recently, the Eleventh Circuit largely overturned the District Court’s decision in US and State of Florida ex re Ruckh v. [read post]
