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8 Jun 2020, 5:28 pm by Mark Hartsoe
Because reasonable minds could thus disagree regarding what percentage of fault should be assessed to the former student, the appellate court found that it was error for the lower tribunal to grant summary judgment to the college based on comparative fault. [read post]
8 Jun 2020, 4:49 pm by Jeff DeFrancisco
How the Issues Were Resolved The New York Appellate Division, Second Department reversed the lower court’s ruling denying the plaintiff’s motion and granting the defendants’. [read post]
8 Jun 2020, 2:40 pm by John C. Manoog III
The Court’s Resolution of the Issues on Appeal The Massachusetts Appeals Court affirmed the lower court’s granting of summary judgment to the driver. [read post]
5 Jun 2020, 1:45 pm
(bold emphasis added).The court went on to find that the officers had "a legitimate expectation of privacy protected by the Third Amendment," and reversed the lower court's summary dismissal of the Third Amendment claim. [read post]
5 Jun 2020, 12:16 am by Tessa Shepperson
NB If you are a tenant and this happens to you, you can report the agent to their Property Redress Scheme or Trading Standards and claim the fees back via the First Tier Tribunal. [read post]
5 Jun 2020, 12:16 am by Tessa Shepperson
NB If you are a tenant and this happens to you, you can report the agent to their Property Redress Scheme or Trading Standards and claim the fees back via the First Tier Tribunal. [read post]
4 Jun 2020, 2:01 pm by Joshua Cossin
The Paris Court of Appeals on Wednesday affirmed a lower court decision to transfer Felicien Kabuga to Arusha, Tanzania, to be tried for his role as the primary financier of the 1994 Rwandan genocide. [read post]
26 May 2020, 2:55 am by Kevin Kaufman
This analysis was prepared by a select group of JD candidates at the Institute of International Economic Law (IIEL) at Georgetown University in conjunction with TradeLab. [read post]
22 May 2020, 11:08 am by Patrick E. Knie
Thus, in the court’s opinion, there was substantial evidence to support the lower tribunal’s finding that the decedent’s death occurred during “unusual and extraordinary circumstances” and was compensable. [read post]
22 May 2020, 3:00 am by Jim Sedor
Brenntag was ultimately fined, although the penalty it received was roughly 20 percent lower than the one initially proposed by the EPA. [read post]
21 May 2020, 12:37 pm by Patrick E. Knie
Likewise, the court agreed with the lower tribunal that there was substantial evidence to support the finding that there was no guarantee that the plaintiff would have continued in his assignment but for his injury. [read post]
21 May 2020, 12:35 pm by Patrick E. Knie
Decision of the Court The South Carolina Supreme Court reversed the lower court’s ruling and reinstated the lower tribunal’s entry of summary judgment in favor of the plaintiffs. [read post]
21 May 2020, 8:22 am by Amy Starnes
— The Texas Tribune Quick verdicts from special judges under Chapter 151 of the Texas Civil Practice and Remedies Code: A tool to combat COVID-19 related backlogs in Texas trial courts — Chapter 151 of the Texas Civil Practice and Remedies Code, titled Trial by Special Judge, provides an invaluable mechanism to ease the looming backlog in district courts. [read post]
20 May 2020, 5:23 pm by John C. Manoog III
The Massachusetts Court of Appeals disagreed with this argument, however, and reversed the lower tribunal’s denial of the defendant’s motion to suppress the phone calls (and the fruits thereof) and set aside the verdicts in the court below. [read post]
20 May 2020, 4:00 am by Administrator
While many lawyers who appear before this court recognize the truth of Mr. [read post]
15 May 2020, 10:02 am by Amy Starnes
(Subscription required) — Texas Lawyer Texas appeals court allows expansion of voting by mail during ongoing legal fight — The appeals court ruled against Texas Attorney General Ken Paxton, who argued that a lower court ruling expanding who can qualify for an absentee ballot during the coronavirus pandemic should have no effect while he appeals it. [read post]
14 May 2020, 3:32 pm by Earl Drott
The Appellate Court’s Decision On appeal, the insurance company contended that the lower court’s order granting of new trial was not supported by the record; the plaintiff insisted that the trial court’s order stated sufficient facts upon which to base its decision regarding a new trial and that the defendant had failed to show an abuse of discretion by the trial court. [read post]
14 May 2020, 3:13 pm by Jeff DeFrancisco
Because of these inconsistencies, the reviewing court agreed with the lower tribunal that these “feigned issues of fact” were not sufficient to defeat the plaintiff’s motion for summary judgment. [read post]
14 May 2020, 2:49 pm by John C. Manoog III
Decision of the Court The Massachusetts Appeals Court affirmed the lower court’s order dismissing the plaintiff’s case against the medical center. [read post]