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14 Feb 2012, 6:37 pm by moderator
"  The Court of Appeals held that "Appellants have failed to meet their burden to show that 'fraud or illegality so permeated the conduct of the election as to render it incurably uncertain.'"  [Newman v. [read post]
22 Mar 2018, 4:31 am by Andrew Lavoott Bluestone
“Here, the defendants satisfied their initial burden by demonstrating that this legal malpractice action accrued, at the latest, when the bankruptcy proceeding was terminated in October 2006, which was more than three years before the commencement of this action (see Stein Indus., Inc. v Certilman Balin Adler & Hyman, LLP, 149 AD3d at 789; Tsafatinos v Law Off. of Sanford F. [read post]
6 Mar 2008, 7:42 am
The burden of presenting sufficient evidence to raise the issue of actual UCI rests with the appellant. [read post]
13 Sep 2010, 12:54 pm
Category: Recent Decisions;Property Law Opinions Body: Below is today's property law Appellate Court opinion: AC30573 - Shepard Group, LLC v. [read post]
30 Dec 2009, 1:54 am by Editor
DCCircuitPrettyman_Cthse.JPG In concluding that disclosure of memorandum covered by the work-product privilege was not inadvertent under FRE 502, court addresses open issues concerning the burden under the rule and the meaning of “inadvertent disclosure,” in Amobi v. [read post]
16 Apr 2015, 7:17 pm by Maureen Johnston
The petition of the day is: Wisconsin v. [read post]
14 Dec 2011, 12:05 am by John Diekman
Practice point: A defendant-corporation has the right to designate, in the first instance, which of its employees will appear for a deposition.Student note: The plaintiff has the burden of demonstrating that the defendant's employee who was already deposed had insufficient knowledge or was otherwise inadequate, and that there is a substantial likelihood that the additional employees sought for depositions possess information that is material and necessary to the prosecution of the… [read post]