Search for: "Harper v. State"
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16 Sep 2010, 7:06 pm
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Sentencing -- Mandatory minimum -- Armed Career Criminal Act -- Predicate convictions -- Prior felony possession of short-barreled shotgun was not violent felony under ACCA -- District court properly declined to sentence defendant under ACCAUNITED STATES OF AMERICA, Plaintiff-Appellant, v. [read post]
4 Sep 2010, 5:43 pm
As the 4th Circuit concluded in its forceful 1997 opinion in Zeran v. [read post]
3 Sep 2010, 12:09 pm
Harper over at Belly of the Beast: The lawyers in Perdue v. [read post]
3 Sep 2010, 7:04 am
The lawyers in Perdue v. [read post]
31 Aug 2010, 1:24 pm
See Harper & Row, Publishers, Inc. v. [read post]
27 Aug 2010, 7:29 am
An Indiana federal court decision, Harper v. [read post]
26 Aug 2010, 9:41 pm
Summery but not so summary: EWCA (Civ) decision in trade mark infringement case Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd and Lichtenstein (IPKat) Nokia fakes case: silence over official submission (IPKat) UK’s Digital Economy Act hurts digital technology development (ipeg) United States US Patents Did the lack of software savvy patent attorneys cause a decline in patent quality? [read post]
25 Aug 2010, 10:47 am
Minox Equities Ltd. v. [read post]
12 Aug 2010, 12:17 pm
But Judge Jacobs points out too that in its post-Harper & Row decision in Campbell v. [read post]
8 Aug 2010, 10:20 am
Pepe v. [read post]
2 Aug 2010, 2:11 pm
Wholesale Auto Direct) v. [read post]
30 Jul 2010, 3:13 am
Harper v. [read post]
25 Jul 2010, 12:10 pm
This was well-summarised by the Court in the following terms: (i) a claim for possession of land is the modern equivalent of a claim for ejectment (see the discussion in Secretary of State for the Environment v Meier [2009] UKSC 11; [2009] 1 WLR 2780, paragraphs 6-7, 26-33, and 59-61); (ii) a claim for ejectment (as opposed to a claim for an injunction in trespass) could only be maintained by someone who could establish a legal estate in the land (see e.g. per Lord Mansfield CJ,… [read post]
25 Jul 2010, 12:10 pm
This was well-summarised by the Court in the following terms: (i) a claim for possession of land is the modern equivalent of a claim for ejectment (see the discussion in Secretary of State for the Environment v Meier [2009] UKSC 11; [2009] 1 WLR 2780, paragraphs 6-7, 26-33, and 59-61); (ii) a claim for ejectment (as opposed to a claim for an injunction in trespass) could only be maintained by someone who could establish a legal estate in the land (see e.g. per Lord Mansfield CJ,… [read post]
25 Jul 2010, 6:02 am
A new Texas appellate decision, Inliner Americas v. [read post]
17 Jul 2010, 1:49 pm
Tapp v. [read post]
17 Jul 2010, 1:41 pm
Kings Mutual Insurance Co. v. [read post]
17 Jul 2010, 2:11 am
While in most cases it will be a media defendant who wishes to rely on the defence, there is Privy Council authority to the effect that the privilege can be asserted by a non-media defendant (Seaga v Harper [2008] UKPC 9). [read post]
16 Jul 2010, 3:34 am
While the DeCaro defendants contend that a rescission defense based on unilateral mistake would not have been successful in the underlying action for specific performance, specific performance may be denied based on unilateral mistake [*4]where the other party must have been aware of the mistake (see Da Silva v Musso, 53 NY2d 543, 548; Sheridan Drive-In v State of New York, 16 AD2d 400, 405; Harper, Inc. v City of Newburgh, 159 App Div 695, 696-697). [read post]
2 Jul 2010, 8:37 am
Harper misrepresented/omitted the state of his health in the claim application.Materiality: Mrs. [read post]
