Search for: "Affidavit of Facts"
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6 Oct 2021, 6:42 am
Defendants-Appellants have not shown that they would be entitled to qualified immunity as a matter of law under Chase’s version of the facts, and thus we cannot consider their claim. [read post]
6 Oct 2021, 5:26 am
The facts as alleged in the complaint are accepted as true, the plaintiff is afforded the benefit of every possible favorable inference, and the court determines only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
5 Oct 2021, 9:32 am
Without getting into the complicated facts of the upcoming Hemphill case, I will try to distill what is at stake. [read post]
5 Oct 2021, 2:54 am
The court nonetheless found that the plaintiff demonstrated a triable issue of fact existed via her own expert affidavit in which the expert stated that the defendant deviated from the accepted practice of medicine by not amending the decedent’s care plan to require greater supervision after it was noted he experienced delirium and confusion. [read post]
2 Oct 2021, 5:19 pm
“The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate” and “cannot rely on allegations in an unverified complaint or vague and conclusory assertions of ultimate facts. [read post]
2 Oct 2021, 7:41 am
If “the affidavit of service is voidable, rather than void, means that the dissolution judgment could not be attacked at any time. [read post]
30 Sep 2021, 7:30 am
The petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief; andb. [read post]
30 Sep 2021, 7:30 am
The petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief; andb. [read post]
30 Sep 2021, 7:30 am
The petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief; andb. [read post]
30 Sep 2021, 7:30 am
The petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief; andb. [read post]
29 Sep 2021, 11:21 am
This is a question that can really only be answered on a case-by-case basis after careful analysis of the facts. [read post]
29 Sep 2021, 6:40 am
Any disputed issue of fact will deny the motion and the case goes to the jury to resolve those factual issues. [read post]
27 Sep 2021, 3:43 am
In response, plaintiff has failed to establish a triable issue of fact on this point. [read post]
26 Sep 2021, 8:11 am
In fact, it’s a crime to put your children in danger in Illinois. [read post]
23 Sep 2021, 10:15 am
The SCRA requires a plaintiff in a civil proceeding that seeks a default judgment to file an affidavit with the court stating whether or not the defendant is in military service and showing facts necessary to support the affidavit or, if the plaintiff cannot determine the defendant’s military status, stating that the plaintiff is unable to determine whether the defendant is in military service. [read post]
21 Sep 2021, 4:00 am
The panel will assess written submissions and there will be at least one in-person public hearing, hosted in Ottawa[14], at which the parties submit affidavit and testimonial evidence. [read post]
20 Sep 2021, 12:13 pm
Instead, when responding, the plaintiffs must present evidence that could lead a trier of fact to find in their favor. [read post]
20 Sep 2021, 12:13 pm
Instead, when responding, the plaintiffs must present evidence that could lead a trier of fact to find in their favor. [read post]
20 Sep 2021, 5:54 am
“Under the cancellation rule, when a witness makes contradictory statements on the same question of fact, the statements cancel each other and, therefore, do not amount to evidence of the fact. [read post]
19 Sep 2021, 3:08 pm
The decision resulted from an application of applicable law solely to the facts of record. [read post]
