Search for: "Parties in Possession"
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25 Oct 2016, 12:24 pm
A party’s failure to preserve material evidence can result in a variety of sanctions being imposed against that party, including the judge entering judgment in favor of the opposing party. [read post]
25 Oct 2016, 12:24 pm
A party’s failure to preserve material evidence can result in a variety of sanctions being imposed against that party, including the judge entering judgment in favor of the opposing party. [read post]
21 Dec 2012, 10:19 am
One way this tension presents itself is when a client comes into possession of confidential or privileged documents belonging to the other side. [read post]
1 Feb 2018, 11:27 pm
It is one thing to possess drugs. [read post]
18 Feb 2012, 6:53 pm
But now appellate counsel reading the cold record urges the court to interpret what took place in a way different from what the parties understood at the time. [read post]
3 Sep 2013, 3:17 pm
Courts have also started putting injunctions in place to the effect that a party is to not consume an illegal controlled substance within a certain period of time (example 72 hours) before possession or access to the child begins. [read post]
9 May 2014, 9:00 am
"Property" is defined in California Civil Code Section 654 as, "the ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others...the thing of which there may be ownership is called property". [read post]
24 Aug 2023, 9:37 am
The post Collecting on a Commercial Judgment: What Happens When You Win and the Other Party Doesn’t Pay? [read post]
13 Nov 2011, 11:46 am
., A-4033-10T1, September 23, 2011: “[T]he party seeking to set aside the settlement agreement has the burden of proving. . . extraordinary circumstance sufficient to vitiate the agreement[,]” Jennings v. [read post]
4 Feb 2010, 8:50 am
Not to be deterred by this, the parties argued whether Mr Ashmore had in fact (based on the agreed assumed facts) established both factual possession and an intention to possess. [read post]
4 Feb 2010, 8:50 am
Not to be deterred by this, the parties argued whether Mr Ashmore had in fact (based on the agreed assumed facts) established both factual possession and an intention to possess. [read post]
10 May 2018, 9:29 am
In a previous post, we explained documentary discovery in a lawsuit, and how every party to the action must disclose every document or record in their possession or control that may be relevant to the proceedings. [read post]
15 Jun 2017, 9:36 am
After a thorough review of the record, the briefs of the parties, the applicable law, and the trial court’s opinion, the appeals court concluded the trial court’s opinion properly disposed of the defendant’s argument regarding constructive possession. [read post]
25 Apr 2008, 12:30 pm
The court found that first party prevailed over the second party as it possessed a valid assignment of mortgage and was a holder in due course of the original mortgage note. [read post]
5 Oct 2013, 5:08 pm
Defendant is charged with two counts of Criminal Possession of a Weapon in the Fourth Degree, and three counts of Possession of Pistol Ammunition, both Class A misdemeanors, and Criminal Possession of Marijuana, a drug crime violation. [read post]
30 Sep 2020, 5:38 am
In essence, a defendant-landlord (or any other party “possessing” and “controlling” a given property) has a responsibility to maintain given premises in a reasonably safe condition for visitors. [read post]
29 May 2009, 12:51 pm
The case arose out of an incident at a party. [read post]
14 Jun 2023, 11:57 am
Since then, there has been a predictable rise in the illegal use of alcohol and cannabis by young people and a new fad of rowdy pop-up beach parties that is quickly getting out of control,” said O’Scanlon (R-13). [read post]
25 Apr 2014, 8:01 pm
Realty Associates Fund III, L.P., 459 F.Supp.2d 1294(S.D.Fla.2006) where the court held that if a party is not in possession of the original note and cannot reestablish it, the party cannot prevail in an action on the note. [read post]
25 Sep 2015, 7:14 am
DNC claims that the contracts signed among the parties required the new concessionaire to purchase the intellectual property from DNC. [read post]
