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30 Dec 2010, 6:51 am
 Case of the Week # 5 - Smith v. [read post]
12 Mar 2019, 12:54 pm by emagraken
I note that the court has relied on the Civil Jury Instructions for this purpose in other cases where expert evidence was not made available: Smith v. [read post]
9 Aug 2011, 4:16 am by Andrew Lavoott Bluestone
Plaintiff's claim that had he not resigned, he may have been able to hide his fraudulent activities, [*4]continue to collect fees, and reach an agreement with OCM is purely speculative and does not raise a triable issue of fact (see AmBase Corp. v Davis Polk & Wardwell, 8 NY3d 428, 434-436 [2007]; GUS Consulting Gmb, 74 AD3d at 679; Phillips-Smith Speciality Retail Group II v Parker Chapin Flattau & Klimpl, 265 AD2d 208, 210 [1999], lv denied 94 NY2d 759… [read post]
20 Jun 2021, 9:05 pm by Amanda Shanor
By a 5-4 vote in Tandon v. [read post]
29 Sep 2013, 1:20 pm by Brian Shiffrin
It is well settled that a defendant's statutory right to testify before the grand jury " must be scrupulously protected' " (People v Smith, 87 NY2d 715, 721, quoting People v Corrigan, 80 NY2d 326, 332). [read post]
14 Nov 2016, 3:36 pm
In these circumstances and absent an error of principle, an appellate court will be very cautious in differing from the judge's evaluation: see SmithKline Beecham's Patent [2006] RPC 323 at [38] per Lord Hoffmann; Halliburton Energy Services Inc v Smith International (North Sea) Ltd and anor [2006] EWCA Civ 1715 at [24] to [25] per Jacob LJ" 3. [read post]
27 Jun 2023, 6:15 am by Florian Mueller
Of course, such decisions can and this one is indeed going to be appealed--which is also a safe assumption with respect to an even higher-profile recent FRAND ruling by the same court, Mr Justice Marcus Smith's Optis v. [read post]
23 Feb 2018, 2:25 pm by Orin Kerr
That was a huge deal in 1986 because Congress understandably assumed after Smith v. [read post]