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8 Jun 2012, 6:20 pm
Although defense counsel failed to object to any of the alleged acts of misconduct and thus failed to preserve defendant's present contention for our review (see People v Paul, 78 AD3d 1684, 1684-1685, lv denied 16 NY3d 834), we are nevertheless compelled to exercise our power to address it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). [read post]
7 Jun 2012, 1:24 pm
And at the very least, you'd have to articulate the theory. [read post]
6 Jun 2012, 5:35 am
” Id. at *3 n.2 (emphasis added). [read post]
6 Jun 2012, 5:11 am
Judge N. [read post]
6 Jun 2012, 4:52 am
It’s a matter of common sense and fairness. [read post]
5 Jun 2012, 9:33 pm
§2254(d). [read post]
5 Jun 2012, 8:35 am
Ohio's new tax scheme recognizes how doing business has evolved, focusing on a taxpayer's participation in Ohio's economic market instead of the taxpayer's physical presence (i.e., property and employees) in the state, and thereby substantially reducing the tax burden on Ohio-based businesses whose customers are predominantly outside Ohio. [read post]
4 Jun 2012, 10:50 am
Supp. 2d 823 (D. [read post]
4 Jun 2012, 1:00 am
Specifically, according to Paragraph 3 of the 2009 Practice Direction concerning the Estates List, the following matters are heard: (a) All matters arising under Rules 74 and 75 of the Rules of Civil Procedure; (b) Applications under Rule 14.05 regarding estates, wills and trusts, including applications for advice under section 60 of the Trustee Act; (c) Applications relating to inter vivos trusts, whether under Rule 14.05, the Variation of Trusts Act,… [read post]
30 May 2012, 6:20 am
LV sent a C&D to the Black Eyed Peas and was unaware of the other uses until they were raised in a deposition. [read post]
30 May 2012, 5:32 am
Follow @InfoGovernance eDiscovery News Content and Considerations An Expert’s Inadvertent Production Results in Waiver of Privilege Absent Sufficient Supervision by Counsel or Prompt Steps to Rectify Disclosure - bit.ly/KecxsL (K&L Gates) Can Employees Be Unretained Experts under Rule 26(b)(4)(D)? [read post]
30 May 2012, 4:00 am
Of course, a defendant should not be forced to bear the risk of a plaintiff’s misconduct in foreign judicial proceedings, and a plaintiff should not be allowed to profit from that misconduct. [read post]
29 May 2012, 10:56 am
On May 25, 2012, Central District Judge Dean D. [read post]
27 May 2012, 2:07 pm
In reaching this conclusion, the Court recognized that the trial court’s duty in this matter does not fall under the explicit instructions found in MCR 6.302 (B)–(D). [read post]
24 May 2012, 11:21 am
The suggestion that scraps of evidence from different kinds of scientific studies can establish scientific knowledge was rejected by the great mathematician, physicist, and philosopher of science, Henri Poincaré: “[O]n fait la science avec des faits comme une maison avec des pierres; mais une accumulation de faits n’est pas plus une science qu’un tas de pierres n’est une maison. [read post]
24 May 2012, 7:49 am
RESTATEMENT (SECOND) OF TORTS, §433, cmt. d (1965) (“Some other event which is a contributing factor in producing the harm may have such a predominant effect in bringing it about as to make the effect of the actor’s negligence insignificant and, therefore, to prevent it from being a substantial factor. [read post]
24 May 2012, 4:23 am
Supp. 2d 1113, 1120 (D. [read post]
23 May 2012, 1:46 pm
If the “characteristic in common” is the basis for an interaction with the exposure to S, then we would expect that to be shown by the data in the study; it would not, and should not, be a matter of conjecture or speculation. [read post]
22 May 2012, 11:07 pm
Waldman, for the Plaintiff/Appellant Joanna Cox, for the Defendant/Respondent DATE HEARD: November 25, 2011 at Toronto A M E N D E D E N D O R S E M E N T MATLOW, J.; This appeal [1] … [read post]
21 May 2012, 2:15 pm
S. [read post]
