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22 Apr 2024, 4:01 am by Deanne Sowter
In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is erroneous to do so unless there is an evidentiary basis for a finding of false allegations. [read post]
3 Feb 2020, 2:00 am by Robert Kreisman
The appeals panel found that the plaintiffs’ assertion that they and others attach importance to the size of a package is enough now to indicate that a reasonable customer does also. [read post]
1 May 2022, 4:57 am by Simon Lester
Different people are likely to have different approaches to appellate review, and what this first group does will set a precedent -- with apologies to those who don't like that word -- and will shape everyone's views of this alternative approach to appeals. [read post]
20 Dec 2011, 10:25 am
Furthermore, again for the reasons given above, s. 19(1) does not frustrate the federal purpose behind s. 21 of the Divorce Act. [read post]
8 Jan 2010, 1:30 pm by ---------------------------------
Quon, from a Ninth Circuit Court of Appeals case in which the Court held that police Sergeant Quon's Fourth Amendment rights were violated when sexually explicit text messages sent to and from his department-owned pager were accessed by the city. [read post]
23 Dec 2016, 2:05 pm
The Court of Appeals analyzed the arguments Doe made on appeal in the order in which they are set out above. [read post]
9 Sep 2014, 5:11 pm
"I predict the prosecutors will win in this case, but mainly because the John Doe investigation can and should be shut down by the state court judge. [read post]
7 Apr 2016, 4:05 am by Howard Friedman
Under RLUIPA, denial of an exemption does not impose a "substantial burden" on plaintiffs' exercise of religion because the primary sacrament of the church is peyote. [read post]
9 Nov 2008, 5:30 pm
Does it remind you of the man who killed his parents and then pleaded for mercy because he was an orphan? [read post]
10 Aug 2023, 4:05 am by Howard Friedman
  A prisoner does not also have to file a petition with the Department of Corrections seeking a change in its rules. [read post]
5 Sep 2024, 4:00 am by Howard Friedman
It also concluded that government control of its own expression does not violate the free exercise rights of private individuals.Florida Phoenix reports on the decision. [read post]
30 Dec 2021, 8:54 am
Threats regarding legal disputes - An agreement may be unconscionable if one party threatens to draw out the legal process if the other party does not sign. [read post]
24 Oct 2018, 9:03 am by John C. Manoog III
Related Blog Posts Massachusetts Malpractice Law Requires Cash Bond to Continue if Tribunal Does Not Find Sufficient Evidence $32.5 Million Award in Medical Malpractice Case Upheld by Massachusetts Appeals Court Photo Credit: vchal / Shutterstock.com [read post]