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6 Dec 2010, 2:06 pm
This Court does not find that the forms submitted were defective or improperly identified the applicant for benefits.Plaintiff appealed and the Second Department, Appellate Division, AFFIRMED: Here, the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law on its claim for benefits since the evidence demonstrates that the defendant made a partial payment and a partial denial of the claim within 30 days after receipt thereof (see New… [read post]
28 Jun 2012, 5:00 am
The defendant argued that the dictum in Smith v. [read post]
26 Jan 2015, 10:49 am
Does the carrier have to pay for those? [read post]
5 Oct 2011, 5:19 pm
Her book will be on the plight of the wrongly accused and imprisoned, something she unfortunately does know all about. [read post]
13 Aug 2008, 6:54 pm
Defendants' conversion of the emails and attachments to PDF documents and production of the PDF documents in paper format does not comply with the option to produce them in a reasonable usable form. [read post]
3 Jul 2008, 9:54 pm
The Court held that it does. [read post]
1 Oct 2019, 1:25 pm
Rent-A-Center appeals to respond to the defendants’ petitions for rehearing, which ask the court en banc to overturn a panel decision holding that the Federal Arbitration Act (FAA) does not preempt the California Supreme Court’s McGill Rule. [read post]
30 Jan 2007, 3:28 am
Doe involves almost precisely the same issue as what was before the Court in a case I had years ago and lost 7-0, in an unpublished opinion, whereas Doe only lost 5-2. [read post]
29 May 2011, 9:04 pm
The Florida implied consent statute does not preclude the police from applying for a search warrant for blood in a DUI case. [read post]
21 Jul 2010, 5:49 am
The fact the consenter had permission to use the defendant’s bathroom did not give the consenter apparent authority to consent to a search of the bathroom. [read post]
29 Aug 2011, 7:00 am
They are now predicting that the Mississippi River will crest at Vicksburg at 57.1 feet tomorrow, lower than recent predictions, and that if the water does go over the Yazoo Backwater Levee, it will be only a trickle. [read post]
8 Dec 2010, 5:05 am
The actual ruling only has to do with prior restraint, however, and does not reach the issue of whether the First Amendment trumps the Espionage Act here. [read post]
12 Jun 2017, 12:22 pm
Continued misappropriation has become of the rising legal developments with DTSA claims, particularly where defendants argue that the DTSA does not apply because the alleged trade secret theft occurred before the enactment of the DTSA. [read post]
26 Jun 2017, 7:01 am
This goes to show that merely getting a plum appointment as an assistant United States attorney does not assure that a federal prosecutor will fulfill his or her obligations to disclose Brady material. [read post]
8 Dec 2011, 7:15 am
Huron Medical operates no clinics of its own in Tuscola County, but it does have an ownership interest in two separate clinics there. [read post]
19 Jul 2013, 3:05 pm
Doe wanting to have sex right there on the unofficial trail, the court of appeals noted: Defendant's conviction was for disorderly conduct--not disorderly thoughts or desires. [read post]
2 Sep 2011, 8:24 am
However, if a person has three prior DUI convictions, the state does have the option of charging the fourth DUI as a third degree felony. [read post]
12 Sep 2012, 7:00 am
This does not mean that victims and witnesses should always control how you handle a case, but rather that their opinions and concerns should be addressed in an appropriate and considerate way. [read post]
29 May 2008, 10:34 am
Does 1-11.Like all other "John Doe" cases brought by the RIAA, it was brought ex parte. [read post]
6 Jan 2013, 3:12 pm
The Doe-3 court stated: "Nevertheless, we find that plaintiffs have alleged circumstances which do give rise to a duty owed by defendants in this case." 973N.E. 2d 880, 889. [read post]
