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24 Sep 2014, 2:30 pm
* * * "2. [read post]
30 Nov 2021, 7:34 am
The defendant bears the burden of proof for this defense. [read post]
3 Oct 2009, 11:26 pm
LaFave, 2 Search & Seizure, § 4.7(b) n.31 (4th ed.). [read post]
3 Sep 2013, 4:04 pm
Prior to issuing an order for an in camera review of an officer's personnel records, the court must give "interested parties the opportunity to be heard" and the inspection may be conducted only upon "a clear showing of facts sufficient to warrant the judge to request records for review Civil Rights Law §50-a[2]). [read post]
6 Jul 2009, 7:28 pm
July 2, 2009). [read post]
10 Oct 2014, 3:00 am
The second 30-day removal period is triggered if the initial pleading does not indicate that the case is removable, and the defendant receives a copy of an amended pleading, motion, order or other paper from which removability may first be ascertained. [read post]
19 Sep 2024, 7:32 am
Slip Op. at 2. [read post]
23 Jan 2013, 3:09 pm
Penal Law § 130.05 (2), as amended, now states: "Lack of consent results from: "(a) Forcible compulsion; or "(b) Incapacity to consent; or "(c) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct." [read post]
19 Jun 2017, 11:04 am
The plaintiffs argue that the defendant (Zoo) is harming and harassing Lucky under the Endangered Species Act (EPA) by: 1) keeping her alone without any companions; 2) keeping her in a small space which does not meet the minimum standards under the Association of Zoos and Aquariums (AZA); 3) depriving her of adequate shelter from the sun; and 4) forcing her to live on a substrate inappropriate for her species. [read post]
14 Jun 2017, 9:42 am
The critical criterion in this case was (2), particularly whether the defendant, under the circumstances, should have expected that the plaintiff would not protect himself from the danger that was open and obvious to both of them. [read post]
13 Jan 2019, 5:58 am
But that is exactly what the law does to those who possess firearms, at least as Stanleyconstrued the defacement statute. [read post]
7 Jan 2012, 6:24 am
In fact, in "voire dire" or jury selection, the defendant does not even want to mention the word insurance, but the personal injury plaintiff's lawyer wants to talk about insurance as much as possible. [read post]
7 Jun 2011, 7:02 am
Plaintiff objects to the introduction of such evidence on several grounds: (1) collateral source precludes such evidence; (2) Civil Code Section 3333.1., which abrogates only part of the collateral source rule in medical negligence actions, does not permit the introduction of such evidence, and (3) there is no certainty that the minor plaintiff will actually be able to receive, now or in the near or distant future, any such benefits in these troubling economic times with… [read post]
30 Dec 2009, 9:41 am
Fung, 2:06-cv-05578-SVW-JC (C.D. [read post]
17 Aug 2012, 9:45 pm
(2) Does the doctrine apply to bar recovery by a rider of a bumper car ride against the owner of an amusement park or is the doctrine limited to “active sports”? [read post]
11 Dec 2017, 12:16 pm
Penal Code Section 38.12(d)(2)(C) [current version, renumbered]. [read post]
11 Dec 2017, 12:16 pm
Penal Code Section 38.12(d)(2)(C) [current version, renumbered]. [read post]
17 Jan 2018, 8:02 am
Plaintiff sued defendant after a fire in his home alleging it was caused by material manufactured by defendant. [read post]
26 Mar 2020, 11:48 am
She does not mention the Bureau’s supplemental proposal issued last month that would require debt collectors to make specified disclosures when collecting time-barred debts. [read post]
29 Nov 2011, 3:14 pm
“Although the Act does not define ‘household member,’ a fortiori, it cannot mean to hold residency and cohabitation as a prerequisite. [read post]
