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3 Feb 2024, 9:52 am by Marty Lederman
”  Second, Trump claims that the Colorado courts erred in concluding that he “engaged in” an insurrection on January 6, 2021, assuming that the violence at the Capitol on that date constituted an insurrection (something Trump no longer challenges). [read post]
2 Feb 2024, 1:39 pm by Matthew Ackerman
* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar in New Orleans on February 1, 2024. [read post]
2 Feb 2024, 9:54 am
Yurov (Foreign judgment; claim that trial court erred when it denied defendant's motion to open foreign judgment pursuant to statute (§ 50a-34 (b) (3)) on basis that judgment was repugnant to public policy of this state.) [read post]
1 Feb 2024, 9:21 am by Eric S. Solotoff
As to the problem of the trial court hearing substantial testimony regarding custody and parenting issues, the Appellate Division held: Moreover, the trial court erred in hearing extensive testimony regarding custody and parenting time issues before finding a need for a FRO. [read post]
1 Feb 2024, 9:00 am by NP Analytics
   There are, on average, 1.1 million ER visits due to TBIs each year in the US. [read post]
1 Feb 2024, 3:30 am by Liz Dunshee
More than a decade ago, a court aptly explained the problematic perceptions that flow from the Commission’s practice of settling without admissions and prohibiting denials: [H]ere an agency of the United States is saying, in effect, “Although we claim that these defendants have done terrible things, they refuse to admit it and we do not propose to prove it, but will simply resort to gagging their right to deny it. [read post]
31 Jan 2024, 2:30 pm by Eugene Volokh
The trial court erred in denying the special motion to strike the trespass claim as to Gibson. [read post]
31 Jan 2024, 1:34 pm by Francesca Blackard
Decree Deviates from MSA The father appealed, arguing the court erred by entering an order that varied from the terms of the parties’ MSA. [read post]
31 Jan 2024, 10:40 am by Jeffrey Randa
Here’s how this is all supposed to work: Sober Sam winds up in the ER for something like a broken finger. [read post]
30 Jan 2024, 9:02 pm by renholding
”[24]  The court continued by observing that: [H]ere, the Provision is used by an agency of the federal government to shield itself from public view. [read post]
30 Jan 2024, 6:55 pm by Blair & Kim, PLLC
The husband appealed, arguing the trial court erred in awarding the equalizing judgment. [read post]
30 Jan 2024, 8:56 am by Chris Skelton
(In retrospect, they also may have erred in placing too much heavy equipment on an upper floor.) [read post]
29 Jan 2024, 6:19 pm by Mark Ashton
But here the majority concludes “[T]he lower courts, in conducting their inquiry regarding whether Appellants’ marriage was intact for purposes of applying the presumption, erred by giving primary importance to their marital separations, which occurred prior to the filing of the paternity action, while giving no substantive consideration to the intact status of their marriage. [read post]
29 Jan 2024, 4:00 pm by Laurent Teyssèdre
 Conseil en brevetsParis, FranceWithers & Rogers (www.withersrogers.com) est l’un des plus grands cabinets de conseil en propriété industrielle d’Europe, avec plus de 200 personnes, réparties au Royaume-Uni, en Allemagne, et plus récemment, en France.Notre vision : demeurer indépendant, responsable, ouvert sur le monde.Notre force : créer des relations de confiance avec nos clients, avec [read post]
29 Jan 2024, 8:41 am by Arthur F. Coon
In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family home project; instead, the Court of Appeal held the petitioners’ action should have been dismissed as time-barred and that the trial court erred in overruling the demurrers of respondent City of Los Angeles and the real party developers on statute of limitations… [read post]
29 Jan 2024, 8:04 am by Russell Knight
Trial courts should not allow litigants to stand mute, lose a motion and then frantically gather new material to show that the court erred in its ruling. [read post]
29 Jan 2024, 6:03 am by Evidence ProfBlogger
Similar to its federal counterpart, West Virginia Rule of Evidence 403 provides that The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the... [read post]