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13 Nov 2023, 7:45 am
It ruled that depriving an inmate of access to exercise does not violate the Eighth Amendment unless it is done so as punishment for a “trivial infraction. [read post]
13 Nov 2023, 5:47 am
It probably does. [read post]
13 Nov 2023, 5:33 am
Nonetheless, the laws' presence does make possible the argument I describe. [read post]
13 Nov 2023, 5:00 am
The Plaintiff asserted that the Defendant’s failure to file a timely Answer to her Complaint constituted admissions as to the claims of negligence.With this decision, the trial court filed an Opinion pursuant to Pa. [read post]
13 Nov 2023, 4:07 am
(More recent authority echoing Widewaters includes Doyle v ICON, LLC, 103 A.D.3d 440, 959 N.Y.S.2d 200(1st Dept. 2013), where the First Department wrote, “Plaintiff’s allegations that he has been systematically excluded from the operation and affairs of the company by defendants are insufficient to establish that it is no longer ‘reasonably practicable’ for the company to carry on its business, as required for judicial dissolution under [LLCL] § 702. [read post]
13 Nov 2023, 3:32 am
The defendant cannot, at the registration stage, object to the jurisdiction of the court that rendered the judgment (s 7(4)(a)). [read post]
12 Nov 2023, 9:56 pm
Declining jurisdiction] If the defendant in question does not appear, the court shall [in its motion] rule that it has no jurisdiction. [read post]
12 Nov 2023, 9:05 pm
Even the more modest conclusion, that regulatory permission to deviate from the norm leads to bad outcomes, does not necessarily apply generally. [read post]
12 Nov 2023, 9:01 pm
It is extremely expensive—tens of millions more spent prosecuting and defending capital cases, and tens of millions more spent maintaining death row over those same 20 years. [read post]
12 Nov 2023, 4:41 pm
The court ruled that the insurance company could not collect against its policyholders for the following reasons: There is no policy provision providing for personal liability against the defendants, but the mortgage clause does subrogate the company to the ‘rights’ of the Veterans Administration ‘under all securities held as collateral’ upon payment to them if there is no liability to the defendants under the policy. [read post]
12 Nov 2023, 3:57 am
How Does a Lawyer Prove Medical Malpractice? [read post]
12 Nov 2023, 2:35 am
If these two elements are proven, the defendants could invoke a fair use defense. [read post]
11 Nov 2023, 1:49 pm
The defendant moved for summary judgment. [read post]
11 Nov 2023, 8:42 am
Just because the insurance company has one estimate of damage different from the policyholder’s estimate does not mean the insurance company has done anything wrong in its claims handling. [read post]
11 Nov 2023, 7:44 am
But if the bombing does happen, and he defends it then, then he should be fired/expelled/etc. [read post]
11 Nov 2023, 5:09 am
This charge does not require the intent to kill but focuses on the accused’s gross negligence, leading to a tragic outcome. [read post]
11 Nov 2023, 1:00 am
A complaint is sent out to each defendant in which the plaintiff waits for an answer. [read post]
10 Nov 2023, 6:04 pm
In Miranda, the defendant was arrested at his home and taken into police custody. [read post]
10 Nov 2023, 3:24 pm
Sometimes what the mainstream media fails to cover is as important as what it does cover. [read post]
10 Nov 2023, 2:02 pm
A medical malpractice defendant also may get a case dismissed if the plaintiff failed to file within the applicable statute of limitations. [read post]
