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3 Mar 2015, 10:11 am by Addison Morris
[JURIST] The US Supreme Court [official website] on Tuesday published its opinion [text, PDF] in Direct Marketing Association v. [read post]
12 Mar 2012, 12:26 am by John Diekman
Practice point: CPLR 3212(b) requires that a motion for summary judgment must be supported by, among other things, an affidavit by someone with personal knowledge of the facts.Student note: Notwithstanding this requirement, where a moving party supports the motion with an attorney's affirmation, deposition testimony, and other proof, the failure to submit an affidavit is not necessarily fatal.Case: Maragos v. [read post]
5 Apr 2012, 12:32 am by John Diekman
Practice point: The trucking company appointed an agent for service of process in New York, and that is consent to suit in the State.Student note: The truck driver, a Georgia resident, was driving from Florida to Massachusetts, when the accident happened in New Jersey, and so there is no basis for personal jurisdiction over him.Case: Pena v. [read post]
12 Aug 2009, 7:39 am
Gordon v Lynch, 2009 CSOH 116, is a decision of Lord Woolman on quantum in a personal injuries case notable only, so far as this blog is concerned, for its use of a hyperlink: something I have never seen before in a Scottish Courts decision ((When reported on BAILII, of course, hyperlinks are commonly used for citations of earlier authority.)). [read post]
29 Oct 2020, 10:21 pm by Simon Gibbs
Many readers will recall the case of GSD Law Ltd v Wardman & Ors [2017] EWCA Civ 2144. [read post]
4 Feb 2011, 12:21 pm by JT
Mahmood v Vicks, 2011 NY Slip Op 00653 (2d Dept. 2011) Call this one: why an MRI performed more than 6 weeks after the MVA is actually advantageous to the personal injury plaintiff. [read post]
28 Mar 2012, 5:38 am by Jaimie Cremeans
[JURIST] The US Supreme Court [official website] on Tuesday heard the second day of oral arguments in United States Department of Health and Human Services v. [read post]
10 Sep 2014, 6:52 am by Jay Marshall Wolman
Yesterday, the Massachusetts Supreme Judicial Court released its opinion in Commonwealth v. [read post]
25 Jul 2014, 8:30 am by Paul Caron
Rev. 119 (2014) Brian Tauber (J.D. 2013, UC-Davis), Note, Telecommuters and the State Personal Income... [read post]