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23 Jun 2021, 6:50 am
Stat. 2. [read post]
15 Jul 2013, 3:24 pm
(2) A determination of whether the statement is capable of being objectively characterized as true or false. [read post]
14 Jan 2016, 9:04 am
And the trespass to chattels claim — “defendant damaged my drone” — is a state law claim, which can only get into federal court as supplemental to a valid federal claim; though federal law may be relevant to deciding whether the defendant has a valid defense against the trespass to chattels claim, that doesn’t itself provide federal jurisdiction.) 2. [read post]
13 Apr 2008, 2:41 pm
Rarely, and depending on the conduct of the landlord, the claim may be defended as oppressive, but this would require clear evidence that the landlord had, for example, significantly misled the tenant on the claim and its consequences. [read post]
22 Feb 2008, 8:26 pm
, Inc. after a conversation regarding SFBC devolved into scathing verbal attacks on Krinsky and other officers of the company.She alleged that the defendants had made "defamatory remarks" about her on the message boards and other websites using screen names to conceal their identities, and attempted to discover the defendants' identities by serving a subpoena on Yahoo.One of the defendants, "Doe 6," who had posted comments under the screen… [read post]
11 May 2009, 5:58 am
So what does this mean to us collection attorneys? [read post]
9 Sep 2013, 3:35 pm
The rule is well settled that Penal Law § 2013, does not apply to an assault with intent to commit rape. [read post]
25 Feb 2011, 4:02 am
So, when Detective Woods went upon defendant’s property on September 28, he was (1) looking for a place to turn his vehicle around, and (2) seeking anyone who might have knowledge of the evidence found in the woods alongside Nations Road. [read post]
20 May 2016, 7:11 am
That line distinguishes between a criminal defendant’s (1) tainted funds and (2) innocent funds needed to pay for counsel. [read post]
5 Jul 2022, 7:29 am
§ 102, and 2. [read post]
4 Apr 2013, 8:10 am
The reason is that collateral consequences are peculiar to the defendant, and generally result from actions that the court does not control (Ford, 86 NY2d at 403). [read post]
13 Jun 2016, 6:35 am
Id. at *2. [read post]
2 Apr 2016, 8:02 am
§ 242, available here.Image of police car in rear view mirror from http://img.odometer.com/slides/1/7/2/2/2/4/1722240075/5e6b8f37a9b84edba68dafec92f603589d2b53b0.jpegSteven Kalar, Federal Public Defender N.D. [read post]
15 Apr 2012, 3:25 pm
Jurisdiction A problem arises in the case in the case of jurisdiction, because the County Court does not have In Personam jurisdiction over defendants that are not residents. [read post]
19 Mar 2013, 8:53 am
Prison sentences are 636% (seven times) higher now than in 1963, when Clarence Gideon was sentenced to 2 years for stealing drinks and some cash from a pool hall. [read post]
2 May 2014, 12:00 am
Rather, the decision "may well reflect a legitimate litigation strategy that `reveals nothing about the merits of a plaintiff's case [and thus] does not warrant a conclusion that a defendant in such a case has prevailed . . . .'" Id. at 868 (quoting Riser, 240 F.3d at 510). [read post]
27 Feb 2018, 11:00 am
“Because Plaintiff never adopted Defendant’s child, the law does not consider her a parent for purposes of the Child Custody Act,” the judge wrote. [read post]
25 Feb 2010, 9:08 am
Schriro, No. 05-99007 (2-22-10) (B. [read post]
22 May 2017, 7:39 pm
’ It does not matter why the information was not disclosed. [read post]
14 Aug 2008, 6:16 pm
For publication opinions today (2): In Gary Becker v. [read post]
