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14 Mar 2008, 9:39 am
Here's a link to United States v. [read post]
2 Dec 2015, 6:21 am by Guest Blogger
  Petitioners have shouldered the unenviable burden of establishing that the manner in which virtually every jurisdiction in the nation chooses to draw state legislative districts is unconstitutional. [read post]
2 Mar 2011, 5:40 am by Conor McEvily
Bell, (2006), and Schlup v. [read post]
23 Apr 2012, 4:50 pm
The third element of this burden, absence of provocation, can be a complex area of the law. [read post]
10 Jul 2019, 4:11 am by Andrew Lavoott Bluestone
Since damages in a legal malpractice case are designed “to make the injured client whole” (Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 42 [1990]), having failed to plead actual damages, plaintiff’s complaint fails to state a claim (see Heritage Partners, LLC v Stroock & Stroock & Lavan LLP, 133 AD3d 428 [1st Dept 2015], lv denied 27 NY3d 904 [2016]; Lavanant v General Acc. [read post]
10 Jul 2019, 4:11 am by Andrew Lavoott Bluestone
Since damages in a legal malpractice case are designed “to make the injured client whole” (Campagnola v Mulholland, Minion & Roe, 76 NY2d 38, 42 [1990]), having failed to plead actual damages, plaintiff’s complaint fails to state a claim (see Heritage Partners, LLC v Stroock & Stroock & Lavan LLP, 133 AD3d 428 [1st Dept 2015], lv denied 27 NY3d 904 [2016]; Lavanant v General Acc. [read post]
8 Apr 2007, 1:56 am
A "taking" may more readily be found when the interference with property can be characterized as a physical invasion by government, see, e.g., United States v. [read post]
17 May 2016, 8:19 am by Anthony Fairclough
The Court of Appeal allowed Cox’s appeal: the prison took the benefit of the work of prisoners, and there was no reason why it should not take its burdens. [read post]