Search for: "Matter of Attorney General's Petition"
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27 Aug 2023, 3:56 pm
GENERAL QUESTIONS ABOUT REMOVAL What is the basis for removing a state prosecution to federal court? [read post]
8 Dec 2011, 3:44 pm
PRACTICE POINTER: I have had a probate attorney tell me that they reject EVERY single claim that is filed no matter what. [read post]
Review of the Effects of the Leahy-Smith America Invents Act on Third Party Participation Applicants
1 Feb 2012, 9:15 am
The procedures are generally the same as the old interference law, including its odd timing requirements. [read post]
27 May 2008, 9:50 am
y it matters in light of a concurrently running longer sentence. . [read post]
3 Dec 2011, 9:56 am
Administrative law -- Agency for Health Care Administration -- Attorney's fees -- Action arising from Department of Administrative Hearings' finding that AHCA's withdrawal of an application for a home health care facility license, due to what the AHCA perceived as an incomplete application, was incorrect -- Error to award applicant attorney's fees and costs pursuant to section 57.111 despite favorable order from DOAH -- Where, at the time the withdrawal was… [read post]
17 Dec 2008, 7:16 pm
Quarterman, No. 05-20350 Denial of federal habeas petition is reversed and remanded for a de novo hearing of appellant's ineffective assistance of counsel claims, as the state habeas trial court's findings do not survive review where the appellate court did not specify which facts it accepted and which it rejected in denying the petition. [read post]
19 Mar 2020, 9:55 am
The motion was signed by a corporate officer of the surety who was not an attorney. [read post]
30 Jan 2021, 1:38 pm
The other attorney or the judge themselves can object to your evidence at any time. [read post]
15 Apr 2024, 6:00 pm
There's a reason why the California Attorney General files certain suits in San Francisco, not Sacramento—and why the Maryland Attorney General files certain suits in Greenbelt, not Baltimore. [read post]
6 Jul 2021, 8:55 am
38; and (3) due process, all as a matter of law. [read post]
28 Oct 2013, 4:01 am
The other panel members are attorneys Tom Killeen (Farrell Fritz) and Russell Stern (Silverman Acampora) and business appraiser Mark Warshavsky (Gettry Marcus). [read post]
2 Jul 2021, 6:58 am
“There is no general rule that a party must produce the best evidence that the nature of the case permits. [read post]
24 May 2021, 3:56 am
New York’s version of the statutory remedy, section 1104-a of the Business Corporation Law enacted in 1979, authorized shareholders holding at least 20% of the voting shares in an election of directors to petition for judicial dissolution based on “oppressive actions” and other misconduct by the majority including illegality, fraud, looting, waste, and diversion of corporate assets. [read post]
2 Jun 2020, 10:35 am
Famously, Judge Janis Jack of the United States District Court for the Southern District of Texas addressed these issues in a lengthy decision in which she excoriated physicians, medical screeners, and plaintiffs’ lawyers who she concluded had transgressed basic ground rules of medical and legal propriety in connection with silicosis claims.[2] The stakes generated by the availability of these medical/technical opinions are especially high in mass torts that involve medical… [read post]
3 Dec 2012, 8:02 am
Advocates for clean water – most notably, the Natural Resources Defense Council and Los Angeles Waterkeeper – have long been pressing the County to do more, and believe that local governments have vastly overestimated the costs of cleaning up the water (see this recent blog post from NRDC attorney Steve Fleischli). [read post]
7 Feb 2018, 12:00 am
Further, the Appellate Division pointed out that "To exclude a substantive issue from arbitration, therefore, generally requires specific enumeration in the arbitration clause itself of the subjects intended to be put beyond the arbitrator's reach. [read post]
26 Feb 2007, 12:37 am
Criminal Sanction Impact. 02/21/07 referred to codes
LAW / CRIM-PROCA5630
Walker (MS) -- Permits denial of bail or release in certain cases involving dangerous crimes or to protect jurors, witnesses or evidence; repealer SUMM : Rpld & add S530.10 & S530.30 sub 1, amd CP L, generally Permits a judicial officer on application of a prosecuting attorney to deny bail or pretrial release to certain persons accused of dangerous crimes or to release such persons on… [read post]
28 Jul 2009, 3:00 am
Nonetheless, as a matter of contract doctrine the case is problematic, at least outside of Texas. [read post]
7 Apr 2007, 6:24 am
There are two types of jurisdiction: personal and subject matter. [read post]
1 Nov 2021, 2:57 am
This is certainly true in appraisal contests applying the fair market value (FMV) standard generally used in gift and estate tax matters and matrimonial cases, under which accredited business appraisers must consider applicable discounts including the two most common and potentially largest discounts for lack of control (a/k/a minority discount a/k/a DLOC) and lack of marketability (a/k/a marketability discount a/k/a DLOM). [read post]
