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23 Mar 2016, 4:38 pm by John Floyd
Sentencing Guideline § 2D1.1(a)(2) applies a base “base offense level” of 38 in certain drug cases when “the offense of conviction establishes that death or serious bodily injury resulted from the use of the substance …”   On March 16, 2016, the Seventh Circuit Court of Appeals in United States v. [read post]
2 Nov 2016, 5:30 am by The Public Employment Law Press
The State Comptroller sustained the Hearing Officer’s determination** and Captain Bevilacqua appealed the Comptroller’s decision.The Appellate Division sustained the Comptroller’s determination, explaining that “[e]ven accepting [Captain Bevilacqua’s] testimony, the Hearing Officer concluded that [Captain Bevilacqua], who grew up in the area and described the porch as ‘one of those big old North Buffalo porches,’ should have reasonably anticipated… [read post]
8 Dec 2020, 4:00 am by Public Employment Law Press
The court opined that "It is hornbook law that one who objects to the act of an administrative agency must exhaust available administrative remedies before being permitted to litigate [its  objection] in a court of law," citing Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52.* Addressing Facility's contention that it had raised a constitutional challenge alleging that OMIG exceeded its authority and violated Article III, §1, of the New York State… [read post]
21 Mar 2018, 7:30 am by Lawrence B. Ebert
CLS Bank Int'l and its progeny), a patent can be invalidated or an application can be rejected simply by (i) making a high-level analogy between the claimed invention and one that has been previously found to be directed to a patent-ineligible law of nature, natural phenomena, or abstract idea, and (ii) stating in a purely conclusory fashion that the additional elements of the claim are well-understood, conventional, and routine. [read post]
15 Feb 2013, 8:28 pm
It should be noted that the debtors in this case had an income level that was twice the amount of the median income for their state. [read post]