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28 Apr 2011, 2:36 pm
April 25, 2011).* Defendant was slowly driving a forklift on the shoulder of the road without a “slow moving vehicle” emblem, which does not apply only to farm vehicles. [read post]
18 Mar 2019, 1:28 pm by Hanlon Law, PA
The Constitution does not define cruel and unusual punishment, however, so the courts have been tasked with interpreting whether a sentence is barred by the Eighth Amendment. [read post]
29 Jun 2023, 1:07 pm by Hanlon Law, PA
The court rejected this argument, though, noting that the statute does not impose such a requirement. [read post]
29 Sep 2011, 12:23 pm
Demonstrably intoxicated defendant (.27% & .33%) could consent to a search. [read post]
16 Apr 2009, 4:09 am
"Contrary to Defendant's contention, the presence of a locked entryway and a sign on the door stating 'no visitors unless accompanied by a resident' does not demand a different result. [read post]
29 Apr 2012, 3:23 pm by Angelo A. Paparelli
 This is because Congress can and often does change the grounds for immigration removal retroactively. [read post]
14 May 2015, 1:03 pm by Jason Weiner
The post How Does House Arrest Work in Las Vegas, NV? [read post]
26 Jan 2011, 4:00 am by Howard Friedman
Finally the court held that the state of Georgia (as opposed to other officials named as defendants) enjoyed sovereign immunity against the claims asserted. [read post]
13 Jan 2020, 4:42 am by Andrew Lavoott Bluestone
Nor can the counterclaims based on Scheinman’s alleged misconduct be used to set off defendants’ liability on his breach of contract claims. [read post]
4 Aug 2009, 8:20 am
" Davidson doesn't cite any studies in her syllabus, nor does she explain how she has consulted every study on this topic. [read post]
4 Aug 2015, 2:55 pm by kgates
” Plaintiffs initially became concerned regarding the reasonableness of Defendant’s search for discovery when Defendant produced a surprisingly small amount of email. [read post]
20 Dec 2010, 6:16 am by ADeStefano
., the First Department offers the following, helpful summary judgment reminders: (1) when moving for summary judgment the defendant is not required to prove a negative issue as to which he does not bear the burden of proof - for example, a defendant is not required to prove lack of notice where the plaintiff has not pointed to any evidence of notice; (2) hearsay cannot be the sole basis for denying summary judgment (citing DiGiantomasso v. [read post]