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17 Feb 2010, 3:29 am by Andrew Lavoott Bluestone
Contrary to petitioners' contention, however, the petition fails to state a cause of action for fraud or constructive fraud against either HSBC or respondent law firm because it fails to make a "factually supported allegation" of misrepresentation (Pope v Saget, 29 AD3d 437, 441, lv denied 8 NY3d 803; see Simmons v Washing Equip. [read post]
29 Aug 2010, 7:02 am
In light of the United States Supreme Court's decision in Arizona v Gant, 556 U.S. ___, 129 S Ct 1710, 173 L Ed 2d 485 (2009), which abrogated the well-established rule in New York v Belton, 453 U.S. 454; 101 S Ct 2860; 69 L Ed 2d 768 (1981) and its progeny, we must consider whether an officer's good faith reliance on case law that is later overturned may form a proper basis to avoid the operation of the exclusionary rule. [read post]
13 Nov 2018, 4:05 pm by INFORRM
The judgment is also a lesson in good practices regarding applications for court orders, and a useful reminder of the limited scope of applications for summary judgment. [read post]
24 May 2012, 8:59 pm by Lawrence Solum
Here is the abstract: The technological context surrounding the Supreme Court’s landmark decision in FCC v. [read post]