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1 Oct 2022, 11:07 am
Furthermore, Gilmer argued that the Defendant had a duty and responsibility to:Train employees and representatives about proper identification of party attendeesInstruct employees and representatives to refuse alcohol to those under the legal limit for consumptionThe complaint also states that the defendant was negligent in its failure to have lifeguards and in failing to maintain the pool’s “negligent condition,” which attracted party-goers to jump off the pool… [read post]
2 Jan 2010, 6:00 am
On appeal, the parties disagreed as to whether the error was harmless. [read post]
10 May 2012, 8:25 am
In the Order, ALJ Bullock denied non-party Motorola Mobility, Inc. [read post]
10 Jul 2013, 1:47 pm
The parties have agreed to language that the attorney general and governor will provide as technical guidance. [read post]
18 Dec 2009, 1:59 pm
The Appellate Division, Second Department ruled that even though the defendant waived their setoff rights in the mortgage, the Court ruled that defendant was entitled to a setoff as the possession agreement “executed on the same day, by the same parties, and for the same purpose” provided for a setoff. [read post]
24 Oct 2012, 3:25 pm
Further, the meeting at which the parties planned the sale of the ounce occurred after the defendant had returned to Mexico. [read post]
28 Jun 2011, 7:16 am
” ALJ Bullock further determined that “[w]here a party seeks discovery from a third party that is responsive to a subpoena, such discovery must be sought through Commission Rule 210.32(g), which governs judicial enforcement of subpoenas. [read post]
11 Feb 2019, 8:12 am
Typically, spoliation occurs when a party is in possession of evidence that the party believes is unfavorable to their case (and thus, favorable to the opposing party). [read post]
27 Jun 2024, 5:36 am
A new government, particularly one possessing a significant majority, creates its own policy momentum as ideas are considered afresh and new decision-makers assume power. [read post]
16 Dec 2014, 4:01 pm
Appeal allowed, possession on notification under s21 set aside as the notification is invalidly served. [read post]
6 Feb 2009, 6:31 am
That raised the first question: How can the U.S. be a party to the Convention if it doesn't criminalize the possession of malware, as required by Article 6(1)(b)? [read post]
18 May 2015, 11:08 am
Court of Appeals for the Eleventh Circuit had ruled against transfer based on a broad view of “constructive possession” – roughly, the idea that someone can lack physical possession of an object but still exert enough control over it to count as possession for purposes of law. [read post]
15 Apr 2014, 8:43 am
Parties who have a right to possession in the future are able to protect such interest. [read post]
5 Aug 2014, 9:01 pm
This is because, as all parties agree, it is not possible to say accurately that “but for” the actions of the particular offender here, the victim would not have suffered the harm she suffered. [read post]
1 Oct 2019, 5:15 am
QEP Energy Company the question was, given an encroachment of a pipeline onto the property of another, what is the test for determining the good faith, or not, of the party in possession? [read post]
26 Sep 2014, 5:14 am
Court of Appeals for the 10th Circuit 2007) (holding that Barrows's `failure to password protect his computer, turn it off, or take any other steps to prevent third-party use’ demonstrated a lack of subjective expectation of privacy).Based on the facts of this case, we conclude [Nichlos] did not have a subjective expectation of privacy in his portable hard drive left in the common area of FC2 SW's apartment. [read post]
31 Jul 2013, 5:28 am
Instead, it focused on whether Costco had possession, custody or control over the text messages: Parties have a right to request documents and ESI within the opposing party’s possession, custody or control. [read post]
2 Jul 2020, 2:41 am
Trump unquestionably possesses the same First Amendment expressive rights belonging to all Americans, she also possesses the right to enter into contracts, including the right to contract away her First Amendment rights. [read post]
2 Oct 2014, 7:30 am
However, the courts have applied Ritchie to a variety of confidential records in possession of third parties, including government agencies and private parties. [read post]
27 Sep 2013, 2:25 pm
Simply making a suppression motion below does not allow a party to then appeal under all possible suppression arguments. [read post]