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14 Sep 2020, 5:24 pm
Peirce does not rely on these more directly obvious lines of response to the emerging stakeholder model (itself the subject of the sort of distortion that has been the fate of Friedman's perspective but from the other side). [read post]
3 Aug 2013, 3:46 pm
This is pursuant to CPL 470.05[2] and the court’s ruling in the case of People v. [read post]
30 Aug 2014, 2:40 pm
The court concludes that it does. [read post]
7 Dec 2011, 12:12 am
For a breach-of-contract claim, prejudgment interest begins to accrue on the earlier of (1) 180 days after the date a defendant receives written notice of a claim, or (2) the date suit is filed. [read post]
22 Jul 2010, 12:54 pm
Sleep with opposing counsel if you need to lighten your work load. 2. [read post]
26 Feb 2010, 2:32 pm
According to this latter view, a convicted felon's temporary possession of a firearm does not constitute a crime if the following five circumstances are present: (1) defendant is in present, imminent, and impending peril of death or serious bodily injury, or reasonably believes him- or herself or others to be in such danger; (2) defendant must not have intentionally or recklessly placed him- or herself in a situation in which it was probable that he or she… [read post]
17 Sep 2013, 1:58 pm
Counsel should also consider whether a final factual variable might be of any analytical consequence: does it matter if the loss is insured; and, if it is, does it matter if the defendant has potential financial exposure beyond the policy limits? [read post]
10 Apr 2014, 2:44 pm
The said appraisal was based solely upon information given by the defendant and does not consider the damage the vehicle sustained at the time the defendant was arrested. [read post]
12 Jan 2014, 11:53 am
Does the defendant have standing to object? [read post]
4 Aug 2008, 1:42 am
The notice of appeal must be filed: (1) within 30 days after the day sentence is imposed or suspended in open court, or after the day the trial court enters an appealable order; or (2) within 90 days after the day sentence is imposed or suspended in open court if the defendant timely files a motion for new trial. 30 days from sentencing A plea of guilty, or a guilty verdict from a judge or jury alone does not start the deadline for appeal. [read post]
31 Aug 2012, 2:32 pm
Sultan's diagnosis was today's orthopedic examination does not confirm any ongoing causally related orthopedic or neurological impairment in regard to the occurrence of the accident. [read post]
4 Nov 2013, 5:30 am
After a brief discussion of 778.112 and 778.115 (the regulation which permits an employer to pay 2 different amounts/types of pay for 2 different types of work), the court explained that 778.115 was inapplicable to the case, because the plaintiffs here performed the same type of work, regardless of the day of the week (i.e. the defendants could not substantiate the hourly pay on this ground). [read post]
1 Mar 2010, 5:34 pm
2. [read post]
7 Aug 2010, 12:00 am
(a)(1)(D))[ 2 ] and, due to his prior criminal convictions, was sentenced to 25 years to life pursuant to the Three Strikes law (Pen. [read post]
9 Sep 2015, 6:51 am
On August 2, 2013, Ewing Industries Corporation (“Ewing”) filed a similar class complaint against the same defendants in federal court for the same alleged violations. [read post]
6 Mar 2009, 11:17 am
While I suppose it could happen, it almost never does. [read post]
30 Mar 2016, 5:40 am
While this was not dispositive to the remand decision, the District Court concluded that “[a]lthough Defendants’ arguments center around potential federal defenses they may raise, that does not bring Plaintiffs’ original cause of action within the jurisdiction of this Court. [read post]
26 Oct 2021, 6:58 pm
Plaintiff alleged that (1) defendant’s representation of plaintiff was deficient and that this led to plaintiff’s conviction and (2) defendant owed plaintiff compensation for withdrawing from the case prematurely, refusing to refund fees paid, and forcing plaintiff to pay for new counsel. [read post]
27 Apr 2007, 9:58 am
The death penalty was imposed and affirmed in 2 of the 3 cases. [read post]
10 May 2010, 8:56 am
They are that the injury (1) is of a kind that ordinarily does not occur in the absence of someone's negligence; (2) is caused by an agency or instrumentality within the exclusive control of the defendant; and (3) is not due to any voluntary action or contribution on the part of the plaintiff... [read post]
