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4 Nov 2020, 11:22 pm
The trial court sustained the demurrers without leave to amend. [read post]
24 Jul 2017, 11:19 am
By contrast, as Bossert pointed out in Aspen, the military commission trial of the 9/11 perpetrators, including Khalid Sheikh Mohammed, has been mired in pre-trial motions since 2012, with no trial date yet set. [read post]
31 Jul 2021, 8:46 am
The trial court, using the multi-factor balancing test of Penn Central Transp. [read post]
19 Aug 2016, 11:36 am
The trial court held that the “administrative difficulty of recording the additional time” also supported Starbucks’ de minimis defense. [read post]
2 Jul 2024, 6:55 am
These first-appearance courts are highly administrative in nature. [read post]
10 Jul 2013, 7:43 am
Oct. 8, 2013)(married couple sold rental real estate to son for $28,000 in return for promissory note in wife's name; note could not be sold or assigned; husband entered nursing home and made Medicaid application; state Medicaid agency determined that note was available resource and, as a result, husband ineligible for Medicaid benefits; trial court determined that note was an available resource on basis that promissory notes are available resources; appellate court… [read post]
25 Jan 2023, 6:30 am
The more abstract, the less helpful to trial judges. [read post]
5 Apr 2015, 3:52 pm
The Chief Administrative Judge is specifically authorized to create special categories of actions and proceedings (see Uniform Rules for Trial Cts [22 NYCRR] § 202.3 [c] [2]), and may authorize the transfer of any action or proceeding and any matter relating to an action or proceeding from one judge to another in accordance with the needs of the court (see Uniform Rules for Trial Cts [22 NYCRR] § 202.3 [c] [5]). [read post]
24 Aug 2007, 4:27 pm
(Part of this was motivated by the fact, however, that Noriega's lawyers at the time were very worried that Judge Hoeveler might actually push them into a military court martial, in which under the UCMJ, Noriega might fare worse rather than better than in a US district court trial - they wanted POW benefits for terms of confinement, but not the risk of a military trial.) [read post]
30 Jun 2008, 5:15 pm
Reducing the California Supreme Court Backlog2. [read post]
10 Oct 2006, 2:07 pm
")Trials on a bus cost the administrative state very little; and the administrators are winning. [read post]
5 Sep 2013, 4:36 pm
In this criminal action, a proceeding pursuant to CPLR article 78 was filed to review a determination of the Board of Examiners of Nursing Home Administrators which suspended petitioner's license as a nursing home administrator. [read post]
8 Oct 2020, 9:17 am
The trial court denied that motion and the Court of Appeals reversed. [read post]
5 Oct 2014, 11:29 am
The prosecution appealed to the First District Court of Appeals, and the appellate court affirmed the decision of the trial court. [read post]
17 Feb 2011, 9:21 am
" Drug courts are OK Those interested in the subject of specialty courts might be interested in this account of drug courts in Oklahom from the Tulsa World. [read post]
5 Sep 2014, 1:47 pm
Bard was hit with a $2 million verdict in the first mesh trial in West Virginia federal court. [read post]
27 Aug 2008, 7:18 pm
Defendant appealed the trial court’s ruling, resulting in this decision. [read post]
28 Nov 2017, 1:04 pm
After a jury convicted Marinello, he moved for a judgment of acquittal or a new trial under Federal Rules of Criminal Procedure 29 and 33. [read post]
9 Sep 2024, 9:01 pm
”In Jarkesy, the Court ruled against the Securities and Exchange Commission (SEC), holding that the agency’s practice of seeking civil penalties for securities fraud “in-house”—that is, in administrative proceedings—violates the Seventh Amendment right to a jury trial. [read post]
1st Circuit: Puerto Rico's Controlled Access Law As Applied Unreasonably Burdens Jehovah's Witnesses
9 Feb 2011, 4:15 am
., Feb. 7, 2011), the U.S. 1st Circuit Court of Appeals dismissed a facial challenge brought by the Jehovah's Witnesses to Puerto Rico's Controlled Access Law, but vacated the trial court's order denying injunctive and declaratory relief on an "as applied" challenge to the law. [read post]
