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1 Nov 2017, 7:49 am by Neumann Law Group
For tort claims involving alleged negligence, lower-level governmental employees such as the defendant are entitled to immunity if the following three criteria are met:  (1) they are acting or reasonably believe they are acting within the scope of their authority, (2) they are engaged in the exercise or discharge of a governmental function, and (3) their conduct does not amount to gross negligence that is the proximate cause of the injury or damage. [read post]
1 Nov 2017, 7:49 am by Neumann Law Group
For tort claims involving alleged negligence, lower-level governmental employees such as the defendant are entitled to immunity if the following three criteria are met:  (1) they are acting or reasonably believe they are acting within the scope of their authority, (2) they are engaged in the exercise or discharge of a governmental function, and (3) their conduct does not amount to gross negligence that is the proximate cause of the injury or damage. [read post]
16 Feb 2022, 6:20 am by Second Circuit Civil Rights Blog
Defendant does not even challenge the constructive discharge verdict on the post-trial motion. [read post]
20 Aug 2012, 1:16 pm
Criminal Code 22-2801 addresses robbery, which is a felony that carries a sentence of between 2 and 15 years in prison. [read post]
4 Jun 2021, 12:06 pm by Elizabeth Howell
To have Article III standing, the plaintiff must satisfy three elements: (1) the plaintiff must have suffered an “injury in fact”; (2) that injury must have been “caused” by the defendant’s conduct; and (3) the injury must be “redressable” by a favorable decision. [read post]
1 Oct 2019, 6:18 am by Carolina Attorneys
We agree. 2 We note at the outset that a defendant who pleads guilty generally waives all non-jurisdictional errors in the proceeding. [read post]
26 Jul 2010, 9:05 am by Jon Sands
The defendant argues that his conduct does not necessarily involve purposeful conduct. [read post]
19 Aug 2015, 2:57 pm
Based on the foregoing, the court held that the motion of defendants for an order, pursuant to CPLR §511, to change the venue of this action brought by plaintiff is denied; and it is further ordered that counsel for plaintiff and counsel for defendants appear for a Preliminary Conference before the Justice 60 Center Street, Part 35, Rm. 438 on Tuesday, March 30, 2010 at 2:15 p.m.; and it is further ordered that defendants serve a copy of this order with… [read post]
6 Mar 2011, 4:15 am by Lisa McElroy
  Does the Court usually just look things up in the dictionary? [read post]
18 Dec 2018, 10:47 am by Eugene Volokh
Simply put, Defendant does not contradict the contention that the nunchaku's primary use, which Defendant concedes is as "a tool from the sphere of martial arts," is a lawful one.... [read post]