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6 Aug 2015, 2:46 pm
As to defendant's claim with respect to the information obtained by the police from the administrator at ABC Hospital, the physician-patient privilege, which "generally does not extend to information obtained outside the realms of medical diagnosis and treatment" (Matter of Grand Jury Investigation in N.Y. [read post]
4 Mar 2019, 4:10 am
“While defendants’ representation of plaintiff was not perfect, and was possibly unethical (see 22 NYCRR § 1200 [Rule 1.7]), their concurrent representation of three parties with differing interests does not, in and of itself, state a claim for either cause of action. [read post]
14 Dec 2015, 6:46 am
In this situation, where [defendant] has made a strong showing in favor of transfer on factors such as the location of sources of proof and the convenience of witnesses, the benefits of judicial economy do not outweigh [defendant's] showing that the Northern District of California is clearly more convenient. [read post]
3 Apr 2013, 7:12 am
"[Defendant] has, at its disposal, the use of common sense in this analysis. [read post]
4 May 2019, 5:30 am
The court held, however, that the failure to diagnose or treat a condition does not qualify as a continuous course of treatment under the doctrine. [read post]
6 Dec 2017, 5:37 am
The United States Court of Appeals for the Fourth Circuit held that some claims against the estate of a police officer who executed a warrant that required a photograph of the defendant's erect penis survive dismissal on the pleadings In... [read post]
5 Mar 2018, 9:32 am
ArchCity Defenders, a nonprofit legal aid organization based in St. [read post]
12 Apr 2012, 8:56 pm
Rule 4(m) itself does not specify any factors to evaluate the relative hardships, but courts in this circuit have considered whether:(1) a new suit would be barred by statute of limitations,(2) the defendant will be prejudiced by the delay in service,(3) the defendant had actual notice of a lawsuit within a short time after the attempted service,(4) the defendant evaded service,(5) the defendant was eventually served,(6) the plaintiff ever requested an… [read post]
16 Apr 2012, 1:17 pm
The article does not say why it took ten years for Judge Camp to feel the effects of the accident.23 African-American defendants requested the review of their sentences. [read post]
17 Apr 2023, 12:24 pm
How long does it take to receive an initial determination for a disability application? [read post]
26 Jun 2015, 2:50 am
The trial court granted summary judgment to defendants based on the construction statute of repose found in Tenn. [read post]
19 Apr 2011, 10:41 pm
To prove that the defendant is guilty of this crime, the People must prove that: 1. [read post]
23 Aug 2024, 10:58 am
Earlier this month, in "When Does Honest Self-Examination Become Destructive Self-Sabotage? [read post]
27 Jul 2011, 3:26 am
In fact, both individual defendants had sufficiently identified their alleged rights to Survivor's music royalties in their bankruptcy petitions or amendments thereto. [read post]
6 Feb 2010, 6:10 am
The Supreme Court of Ohio today ruled that, to obtain a conviction for the crime of escape for violating the terms of a post-release control order, the state may prove that a defendant was subject to postrelease control without proving that during a sentencing hearing the trial court orally notified the defendant that he would be subject to postrelease control. [read post]
14 Aug 2009, 10:00 am
Gore line of cases limiting punitive damages does not apply to statutory damages. [read post]
19 Feb 2011, 2:47 pm
He gave the defendant fifteen months, holding that the 100-to-1 penalty ratio between crack cocaine and powder "does not make any sense at all. [read post]
28 Mar 2011, 2:09 pm
A defendant who is out on bond can more easily prepare his defense with his lawyer, is subconsciously seen by prosecutors and judges in a more positive light, and, perhaps most importantly, does not have to wait in jail while his case is resolved or goes to trial. [read post]
27 Oct 2014, 8:00 am
” Although Supreme Court Rule 307(a)(1) does not use the word “stay,” the Supreme Court has previously held that Rule 307 does give jurisdiction to reduce stays of arbitration and administrative orders. [read post]
16 Apr 2009, 3:20 am
For good reason, defendant Hebron does not argue that this procedure poses any threat to his health or safety. [read post]
