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14 Nov 2018, 8:45 am by Steven Cohen
  Regarding the present motion, she explained that 1) her management of a patient like the plaintiff would not have included surgical intervention; 2) she does not typically perform spinal fusions for axial pain in the absence of a structural pathology or clear instability; 3) she would have wanted a more conservative approach and not surgical intervention; and 4) her practice does not include the performance of routine discograms. [read post]
2 May 2019, 8:09 am by Steven Cohen
Badler is not qualified to offer an expert opinion in this case because he does not have a professional engineering degree or enough engineering experience. 2) his opinions are speculative and based on flawed analysis and investigation, and 3) his testimony does not fit the facts of the case. [read post]
10 Mar 2010, 6:09 pm
Therefore, the Court found it could exercise personal jurisdiction under Maryland's long-arm statute.Due process allows personal jurisdiction over a non-resident defendant when the defendant has minimum contacts with Maryland, "such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice. [read post]
7 Feb 2014, 4:27 am by Howard Friedman
., Feb. 6, 2014), the state's high court responded to two questions of state constitutional law: (1) Does the exclusion in the Washington Law Against Discrimination for religious non-profit organizations violate the state constitution's equal privileges and immunities clause or its free exercise clause. (2) If not, is the exclusion unconstitutional when applied to prevent a suit by an employee who claims discrimination unrelated to any religious purpose, practice or activity of… [read post]
21 Sep 2011, 9:14 am
This happened recently in the case of a Jacksonville mother whose 2-year-old was beaten to death, allegedly by his half-brother while she was at home. [read post]
18 Sep 2008, 11:32 am
In this case the defendant will be charge for 2 counts of domestic violence. [read post]
27 Mar 2015, 3:01 pm
That the MRI report and nerve conduction velocity study results are unsworn "does not avail" defendants. [read post]
30 Nov 2012, 7:54 am by Nicole Mazzocco
”  Thus, subsection 1641(2) does not apply to multiclaim actions alleging another type of tort. [read post]
18 Jun 2014, 5:08 pm by INFORRM
Does that mean it had obligations before it had notice (bearing in mind that the “no general obligation to monitor” protection of Article 15 of the E-Commerce Directive does not apply)? [read post]
8 Jul 2009, 6:42 pm
”  Under subsection [d], “a prior conviction for dealing or possession of an illegal drug does not count for habitual offender purposes if that crime was not listed in Section 2(b)(4) and the defendant has less than two prior dealing convictions. [read post]
22 Aug 2022, 4:52 am by Y. Michael Yin, JD
Defendant also sought to dismiss the confirmation pursuant to a motion filed under Rule 12(b)(2), (4), and (5). [read post]
2 Feb 2010, 2:49 pm by Jon Sands
Ressam, No. 09-30000 (2-2-10). [read post]
14 May 2008, 2:14 am
Although there have been a few glancing blows to the coverage defense, New York case law still does not require insurers to show prejudice in order to sustain disclaimers based on late notice of an occurrence or loss.2. [read post]