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9 Jun 2014, 12:21 pm
Category: Recent Decisions;Tort Law Opinions;Probate Law Opinions Body: AC36164 - Tyler v. [read post]
23 Aug 2009, 8:39 am
Washington (541 U.S. 36 [2004]), overruled its prior holding in Ohio v Roberts ( 41 U.S. 36 [2004]) that reliability of hearsay evidence is the test for admissibility, and held that "Where testimonial evidence is at issue, however, the Sixth Amendment demands what the common law required: unavailability and a prior opportunity for cross-examination…. [read post]
7 Feb 2024, 8:44 am by Eric Goldman
Since we affirm the district court’s rulings on the state law claims, we need not resolve the federal law cross appeal. [read post]
18 Jan 2023, 6:31 am by Howard Wasserman
Lawyers had long believed that zealously representing one’s (private) clients was essential to fulfilling the rule of law. [read post]
1 May 2022, 8:54 am by Eric Goldman
The court says FOSTA requires at least knowledge, so violations won’t violate the law “unwittingly. [read post]
1 Aug 2012, 6:00 am
WELLMARK, INC. d/b/a WELLMARK BLUE CROSS AND BLUE SHIELD OF IOWA, and WELLMARK HEALTH PLAN OF IOWA, INC. [read post]
4 Oct 2013, 9:03 am
Federal Law Preserves State Negligence Claims Ultimately, in Norfolk Southern Railway Company v. [read post]
29 Oct 2019, 4:23 am by Andrew Lavoott Bluestone
With respect to the biofuel cause of action, defendant met his initial burden on the cross motion by establishing that plaintiff’s allegations of damages are entirely speculative (see Lincoln Trust v Spaziano, 118 AD3d 1399, 1401 [4th Dept 2014]; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 848 [2d Dept 2012], lv denied 20 NY3d 857 [2013]), and thus plaintiff is “unable to prove at least one of the essential elements of [his] legal malpractice… [read post]
14 Sep 2014, 8:34 pm by Cindy Cohn
And it ensures that government officials have actual limits to their discretion and that when those limits are crossed, redress is possible. [read post]
19 Apr 2011, 5:17 am by INFORRM
Ward LJ (with whom Laws and Moore-Bick LJJ agreed) began by considering the newspaper’s cross-appeal, which argued that the judge had been wrong to conclude that the claimant had a reasonable expectation of privacy in relation to the sexual relationship. [read post]