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27 Jun 2011, 6:56 pm
Mining Co., 126 F. 1, 27 (9th Cir. 1903) ("Where a court sitting in equity allows a jury trial, the verdict is but advisory to the court, and in no sense binding. [read post]
27 Jun 2011, 4:44 am
The officer had cause to stop the defendant walking down the street near the scene of a car crash after dispatch got word from a citizen informant describing a crash and a man looking like defendant walking away. [read post]
27 Jun 2011, 2:56 am by Andrew Lavoott Bluestone
  Plaintiff has failed to demonstrate a meritorious cause of action for legal malpractice (Tortorello v Carlin, 286 AD2d 628 [2001]), there being insufficient evidence that “but for” defendants’ alleged negligence in not filing a motion for summary judgment or going to trial in lieu of settling the underlying action, plaintiff would have achieved a more favorable result (Wexler v Shea & Gould, 1 1 AD2d 450 . [read post]
24 Jun 2011, 1:33 pm by Benjamin Wittes
  OLC does not address every legal question in the executive branch, nor could it. [read post]
23 Jun 2011, 6:16 pm by Badrinath Srinivasan
Decision of the Supreme Court:Issue 1: Whether the subject matter was within the scope of the arbitration ageement? [read post]
23 Jun 2011, 6:16 pm by Badrinath Srinivasan
”Decision of the Supreme Court:Issue 1: Whether the subject matter was within the scope of the arbitration ageement? [read post]
22 Jun 2011, 7:32 am by velvel
The Court said, “Nor, in any event, may the State’s trial court procedure be deemed constitutionally acceptable simply because the State eventually offers a defendant an impartial adjudication. [read post]
22 Jun 2011, 3:00 am by John Day
§§ 9-8-307(a)(1)(I) and (J) of the Claims Commission Act, which are analogous to §§ 29-20-205 and -203, respectively, of the GTLA. [read post]
22 Jun 2011, 12:31 am by INFORRM
As Siobhan Butterworth expressed it in The Guardian (20 October 2008): “The consequences of putting information … into the public domain are more far-reaching in a world where things you say are linked to, easily passed around and can pop up if [the subject’s] name is put into a search engine by, for example, a prospective employer. [read post]
21 Jun 2011, 4:57 pm by Eugene Volokh
Basic Negligence 12: Duty and Breach of Duty 13: Breach of Duty: Custom & Negligence Per Se 14 & 15: Breach of Duty: Res Ipsa Loquitur 16: Cause in Fact — But-For Causation 17: Cause in Fact — When Defendant Probably Didn’t Cause Injury 18: Proximate Cause (or Scope of Liability) 19: Damages 20: Contributory/Comparative Neglig.; Joint & Several Liability 21: Express Assumption of Risk 22: Primary Assumption of RiskII.B. [read post]
21 Jun 2011, 5:00 am by Bexis
  Merely showing that [defendant’s] policy . . . has produced an overall . . . disparity does not suffice.Dukes, slip op. at 16-17. [read post]