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25 Jan 2021, 9:36 am by Arnold Wadsworth Coggins
He first contends that the court of appeals erred in giving controlling effect to our sweeping statement in State  v. [read post]
24 Jan 2021, 7:47 pm by Omar Ha-Redeye
After a successful motion on fresh evidence, the court found that on appeal of the award the conclusions by the arbitrator were palpable errors, and the arbitrator erred in the conclusion that it was not in the best interests of the children for them to be vaccinated. [read post]
21 Jan 2021, 12:54 pm by John Elwood
In petitions filed during the Trump administration, DHS sought review, arguing that the plaintiffs were not proper parties to challenge the rule and that the courts erred in concluding the rule was likely invalid. [read post]
20 Jan 2021, 8:49 am by Arnold Wadsworth Coggins
” Id.5   ¶11  Ryan also challenges the court’s dismissal of the Petition  for failure to use dispute resolution procedures, contending the court erred by sua sponte determining that his failure to use dispute resolution procedures justified dismissal of the Petition. [read post]
13 Jan 2021, 11:05 am by John Elwood
Court of Appeals for the 1st Circuit set aside Tsarnaev’s death sentence on the grounds that the trial judge, during the 21-day jury selection, did not do enough to ensure the jurors who were seated had not been prejudiced by pretrial publicity; also, it concluded the trial judge had erred in excluding evidence that Tsarnaev’s older brother, whom Tsarnaev tried to blame for getting him on a “terrorist path,” was earlier involved in other crimes. [read post]
7 Jan 2021, 1:28 pm by Jonathan Holbrook
  Those factors are: (1) the gravity of the public concern served by the seizure; (2) the degree to which the seizure advances the public interest; and (3) the severity of the interference with individual liberty. [read post]
6 Jan 2021, 4:00 am by Deanne Sowter
In that case the trial judge erred by misapplying expert evidence about the process, and held there was a reduced standard of care. [read post]
5 Jan 2021, 10:06 pm by Scott McKeown
  325(d) Framework – Advanced Bionics, LLC v. [read post]
30 Dec 2020, 1:43 pm by Georgialee Lang
Berthin as a result of a special costs order based on allegations of fraud advanced by him against his former spouse and the purchasers of said property. [read post]
23 Dec 2020, 1:47 am by CMS
The court held that the purchaser, who had already chartered out the vessel in advance of its completion, had no choice but to accede to the shipbuilder’s illegitimate demand and therefore the purchaser had the option to void the contract. [read post]
22 Dec 2020, 9:01 pm by Vikram David Amar
Court of Appeals for the Fifth Circuit, with reasoning that would earn law students very poor grades if they were to employ it, gravely erred in permitting Texas to favor elderly voters in being able to vote absentee. [read post]
22 Dec 2020, 7:55 am by Dan Bressler
The trial court erred in ruling that the statements showed Rosen Saba represented the potentially aggrieved employees and that such representation required disqualification.'” [read post]
16 Dec 2020, 6:21 pm by Chukwuma Okoli
Written by Dr Abubakri Yekini, a Lecturer in Law at Lagos State University This is the fourth and penultimate online symposium on Private International Law in Nigeria initially announced on this blog. [read post]
15 Dec 2020, 5:00 am by Daniel E. Cummins, Esq.
Going forward, under Keesee, the six factors to be addressed by a trial court in determining whether to stay a civil case pending the resolution of a companion criminal case included the extent to which the issues in the civil and criminal cases overlap, the status of the criminal proceedings and whether any defendants have been indicted, the plaintiff’s interests in an expeditious civil proceeding weighed against the prejudice to the plaintiff caused by the delay, the burden on the… [read post]
7 Dec 2020, 6:50 am by Joy Waltemath
And here, not only did she have vaginal bleeding, posterior/interior possible bilobed placenta that was low lying, and a history of large second trimester bleeding, she had been diagnosed with a marginal cord insertion, she was of advanced maternal age, and she went to the ER for a hemorrhage at 24 weeks. [read post]
3 Dec 2020, 8:10 am by Christopher Tyner
  The court concluded by rejecting the following arguments advanced by the defendant: (1) that the district court’s failure to indicate that it used the reasonable doubt standard of proof deprived the superior court of jurisdiction on appeal from the district court’s order; (2) that it was error for the superior court to allow the district court judge to testify in the de novo hearing on appeal from the district court’s order; and (3) that competent evidence did not… [read post]
3 Dec 2020, 6:32 am by Alan Rosca
Both XIV and VIXY were tied to the performance of S&P 500 VIX Short-Term Futures Index ER (Index). [read post]
3 Dec 2020, 6:32 am by Alan Rosca
Both XIV and VIXY were tied to the performance of S&P 500 VIX Short-Term Futures Index ER (Index). [read post]