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28 Nov 2014, 6:16 am by Lucy Hayes, Olswang LLP
SSUK relied heavily on Sabaf SpA v Meneghetti SpA [2003] RPC 14 at [59], which states that the joint tortfeasor must have “made the tortious act his own”. [read post]
16 Sep 2008, 1:00 pm
Sec. 1441 permits removal of diversity cases only if no defendant "properly joined and served" is a resident of the state in which the case was filed. [read post]
11 Apr 2025, 5:08 am by Andrew Lavoott Bluestone
The words “legal malpractice” are mentioned only in passing, yet Medical Supply of NY Corp. v State Farm Mut. [read post]
13 Jan 2020, 12:16 pm
  But that includes the silliness of having the state fight about them. [read post]
8 May 2019, 9:10 am by Rob Cohen
While the final result is uncertain, the government bears a heavy burden to demonstrate why the preliminary decision is wrong. [read post]
6 Jan 2020, 8:47 am by Jacob Dougherty
In the brief the Trump administration states, “The burdens of Act 620 are minimal—principally, a modest increase in the waiting time (less than an hour) to obtain an abortion. [read post]
10 Feb 2011, 4:42 pm by Brian Shiffrin
Both the United States Supreme Court and the New York Court of Appeals have held that once a defendant chooses to be represented by counsel, counsel and not the defendant has control over most strategic decisions are made by the attorney and not the defendant (Jones v Barnes, 463 US 745, 751 [1983]; People v White, 73 NY2d 468, 478 [1989]). [read post]
7 Feb 2016, 11:37 am by New York Criminal Defense
 In Leary v United States, 395 US 6, 33 [1969], the Supreme Court held that “a criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. [read post]
7 Feb 2016, 11:37 am by Donald Thompson
 In Leary v United States, 395 US 6, 33 [1969], the Supreme Court held that “a criminal statutory presumption must be regarded as ‘irrational’ or ‘arbitrary,’ and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. [read post]
18 Feb 2021, 4:30 am by Public Employment Law Press
Accordingly, the Appellate Division concluded that Supreme Court should have granted those branches of the petition which sought to compel disclosure of the documents sought in Plaintiff's FOIL requests that were the subject of this appeal. * New York State Public Officers Law Article 6. ** See Matter of Data Tree, LLC v Romaine, 9 NY3d 454.*** The basic concept underlying FOIL is that all government documents and records, other than those having access specifically limited… [read post]