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22 Jul 2010, 9:30 am by Lucas A. Ferrara, Esq.
We will use Cajun ingenuity and just plain good old-fashioned hard work to get this industry running again. [read post]
10 Nov 2014, 6:27 pm by John Palley
” Standard of Review “The [probate] court’s construction of the Probate Code is subject to our de novo review. [read post]
28 Nov 2005, 4:10 pm
Let me respond quickly to Marty Lederman's comment to my post re David Luban's WP article below - my numbers track his:1. [read post]
23 Jun 2022, 6:27 am by Alex Phipps
Then the court conducted a de novo review of the imposition of SBM and concluded that it was reasonable under the required analysis, upholding the trial court’s order. [read post]
4 Jan 2016, 8:00 pm by John Ehrett
Republica Bolivariana de Venezuela 15-410Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.Issue: Whether and under what circumstances expropriations that violate binding international human rights treaties and/or norms of customary international law constitute takings in violation of “international law” under 28 U.S.C. [read post]
17 Mar 2007, 11:32 am
Hat tip to Augie De Blieck Jr. for the Twirl-A-Squirrel pointer. [read post]
18 Mar 2012, 5:21 pm by Law Lady
PELT; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; MIN NO. 1002370-9000063487-7; BENEFICIAL FLORIDA, INC.; PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK; and LAKE JOVITA HOMEOWNERS ASSOCIATION, INC., Respondents. 2nd District.Mortgage foreclosure -- Relief from judgment -- Fraud -- Substituted plaintiff -- Trial court erred in granting defendant's motion to vacate judgment of foreclosure based on fraud and misrepresentation [read post]
13 Aug 2020, 1:59 pm by Eugene Volokh
The Plain Dealer (1994), 69 Ohio St.3d 395, 397, and the public has an interest in "anything which might touch on a[ public] official's fitness for office. [read post]
27 Dec 2022, 9:28 am by Russell Knight
“[Written agreements that] do not define…terms…must afford them their plain, ordinary, and popular meanings. [read post]
25 Jun 2008, 6:15 pm
Walker, No. 06-0594 Conviction for conspiracy to distribute cocaine base is affirmed where: 1) although the government's egregious act of eliciting improper testimonial evidence from its witness should not be condoned, defendant's failure to make objections to those abusive evidentiary presentations limited the standard of review to plain error; and 2) accounting for the absence of a clear miscarriage of justice and other overwhelming evidence of defendant's guilt, the… [read post]
22 Apr 2012, 7:34 am by Mandelman
  I was in the city on business some years ago, dining with the CEO of an international conglomerate type of company who had wanted to dine at what looked to be a Chinese restaurant, but was supposedly representative of some far out province near the Mongolian border where yak was a delicacy, or whatever. [read post]
 The court thusly allowed Non-Pumper Class members to pump groundwater in the future without paying any assessments only if the pumping is de minimis and limited to domestic use for a single household. [read post]
 The court thusly allowed Non-Pumper Class members to pump groundwater in the future without paying any assessments only if the pumping is de minimis and limited to domestic use for a single household. [read post]
3 Feb 2009, 4:00 am
Asociacion de Empleados del Estado Libre Asociado, No. 07-2341 (1st Cir. [read post]
10 Jan 2017, 12:35 pm by Kevin Russell and Charles Davis
(with one concurrence by Martin disagreeing with majority’s decision to perform de novo review of merits after finding petition did not meet requirements of AEDPA); and McClain v. [read post]
16 Jun 2014, 11:59 am
In 2010, “ ‘[i]n order to locate Argentina’s assets and accounts, learn how Argentina moves its assets through New York and around the world, and accurately identify the places and times when those assets might be subject to attachment and execution (whether under [United States law] or the law of foreign jurisdictions),’ ” id., at 203 (quoting NML brief), NML served subpoenas on two nonparty banks, Bank of America (BOA) and Banco de la Nación Argentina… [read post]