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2 Jun 2021, 5:01 am
The case law cited by the Government illustrates the differences between what Defendant has done in this matter and implicates the Speech-Act Doctrine. [read post]
2 Jun 2021, 4:00 am
The Appellate Division, noting that "[as] a general rule, apportionment is not applicable as a matter of law where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident despite the preexisting condition," indicated that a limited exception to this general rule exists. [read post]
2 Jun 2021, 4:00 am
The Appellate Division, noting that "[as] a general rule, apportionment is not applicable as a matter of law where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident despite the preexisting condition," indicated that a limited exception to this general rule exists. [read post]
2 Jun 2021, 4:00 am
The Appellate Division, noting that "[as] a general rule, apportionment is not applicable as a matter of law where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident despite the preexisting condition," indicated that a limited exception to this general rule exists. [read post]
2 Jun 2021, 4:00 am
The Appellate Division, noting that "[as] a general rule, apportionment is not applicable as a matter of law where the preexisting condition was not the result of a compensable injury and the claimant was able to effectively perform his or her job duties at the time of the work-related accident despite the preexisting condition," indicated that a limited exception to this general rule exists. [read post]
2 Jun 2021, 3:00 am
There are exceptions to the 30-day rule, however. [read post]
1 Jun 2021, 9:04 pm
Federal Rule of Criminal Procedure 17(c) governs the issuance of a subpoena duces tecum in a federal criminal matter. [read post]
1 Jun 2021, 9:27 am
No matter how well designed a digital disease surveillance program can be, it will still involve costs and trade-offs. [read post]
1 Jun 2021, 8:52 am
” Further, as a factual matter, the Court observed there was evidence that plaintiff through its members “likely had actual notice that Microsoft was referred to as the project applicant during at least one public hearing on the project and in the public notice of the second approval hearing. [read post]
1 Jun 2021, 8:45 am
The means test is a complicated matter. [read post]
1 Jun 2021, 7:50 am
The panel had upheld a lower court’s ruling in favor of suppressing evidence from a tribal officer’s search of a vehicle on a public highway. [read post]
1 Jun 2021, 7:15 am
The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. [read post]
1 Jun 2021, 6:28 am
The prevalence of sexual assault that women suffer in the military has remained startlingly and stubbornly high. [read post]
31 May 2021, 9:01 pm
Having to retry tens if not hundreds of thousands of people whom a state might have convicted the first time around under a unanimity rule had such a rule been in place is tremendously expensive, to say nothing of the many defendants who would have been convicted unanimously years ago had that been the governing rule but who might not be convicted today because of lost evidence, dead witnesses, and stale memories. [read post]
31 May 2021, 7:51 pm
The First Department also cited Pappas in last February’s Shilpa ruling. [read post]
31 May 2021, 9:02 am
As a matter of procedure the Court found that the standing of a person claiming to be a tester could be considered as a Rule 12(b)(1) Motion to Dismiss even when the court considered evidence in the form of depositions and declarations. [read post]
31 May 2021, 8:21 am
While prompt resolution of your legal matter is our goal, our approach is fundamentally different. [read post]
30 May 2021, 8:57 pm
However, in reviewable or reassessable matters and, in non-contentious cases, notices, certificates, minutes, inventories, medical and psychosocial evidence, affidavits, statements, declarations and documents made enforceable by a judgment, including any child support determination form attached to a judgment, cannot be removed from the record or destroyed. [read post]
30 May 2021, 12:09 pm
” Rule 8.4 – Misconduct, Ill. [read post]
30 May 2021, 10:47 am
Those rulings went up to the Second Circuit, which in 2016 issued an important ruling on the scope of the “red flags” exclusion to the safe harbor. [read post]
