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6 May 2015, 4:32 am
For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. [read post]
5 May 2015, 3:26 pm
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 3:26 pm
The Office of Medicaid now appears to take the position that all assets held in any Irrevocable Trust should be counted for MassHealth purposes, despite having regulations to the contrary. [read post]
5 May 2015, 1:26 pm
” If the bill passes, the courts will have the last word on that matter. [read post]
5 May 2015, 12:10 pm
As a matter of both English grammar as well as statutory interpretation, I would think that (A) is clearly different than (B). [read post]
4 May 2015, 1:36 pm
The Chief Justice wrote that “[b]y any measure, Canon 7C(1) restricts a narrow slice of speech. [read post]
4 May 2015, 12:55 pm
Tam and (b) Mr. [read post]
4 May 2015, 12:11 pm
Sort them into A, B and C possibilities. [read post]
4 May 2015, 7:49 am
There is a long list of actions not within the scope of the stay, found in subsection b of 362, headed by carve-outs for criminal matters; family law actions for paternity and status; tax assessments (but not collection). [read post]
4 May 2015, 6:36 am
” 42 U.S.C. section 2000e-5(b). [read post]
3 May 2015, 9:23 am
It turns out that is obviously incorrect as a factual matter, which isn’t surprising given that an appellate court was making up the facts out of thin air. [read post]
2 May 2015, 11:14 am
The recent debate has run the gamut, with arguments that the law-school reporting just described was (a) a bad practice, (b) not a bad practice, and even (c) a good practice. [read post]
2 May 2015, 10:36 am
It would require clerks and criminal justice agencies to redirect all requests for bulk criminal records, B misdemeanors and up, to the Department of Public Safety. [read post]
1 May 2015, 7:46 am
Since filing the Chestnut Ridge Action was a protected First Amendment activity, the Wesley Hills defendants (formerly the Chestnut Hill plaintiffs) were entitled to qualified immunity unless their actions violated the Equal Protection Clause.also b/c I comments on your last post a As an initial matter, the court dismissed the Wesley Hills plaintiffs’ contention that the Second Circuit’s decision in, Fortress Bible Church v. [read post]
30 Apr 2015, 11:15 pm
Loan Modifications with demonstrated hardship b. [read post]
30 Apr 2015, 9:01 pm
Beyond that, however, the report notes that “[t]he IRS estimated that for filing season 2015, it would receive 48.8 million calls seeking live assistance, but only answer 16.8 million. [read post]
30 Apr 2015, 9:24 am
§ 4.188(b)(1) places the burden on the contractor of showing no evidence of prior violations. [read post]
29 Apr 2015, 2:18 pm
(b) Issue: Is the husband entitled to innocent spouse relief? [read post]
29 Apr 2015, 12:07 pm
In the routine DWI case, the matter of whether to apply for a search warrant is left to the officer’s discretion. [read post]
29 Apr 2015, 11:55 am
” The impossibility of perfect tailoring is especially apparent when the State’s compelling interest is as intangible as public confidence in the integrity of the judiciary. b. [read post]
