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13 Sep 2007, 10:00 am
Wizman's behalf, both the Kings County Civil Court, and the Appellate Term, Second and Eleventh Judicial Districts, did not believe that the option was validly exercised.Here's how the AT2 summarized the operative facts:Paragraph 64 (A) (3) of the lease states that the only person entitled to exercise the right of renewal is Chaim Z. [read post]
10 Sep 2007, 10:39 am
"Finally, on judicial selection, the appointment of judges (such as we do in Virginia) is taking a beating lately. [read post]
6 Sep 2007, 2:59 pm
The Eleventh Circuit decision is discussed in depth by Scott Nelson in the post below. [read post]
6 Sep 2007, 5:11 am
After a judicial clerkship with Judge James Hunter of the U.S. [read post]
24 Aug 2007, 2:21 pm
Eleventh Circuit Court of Appeals affirmed Acker's injunction in an opinion that, as these things go, was bluntly worded in places. [read post]
21 Aug 2007, 6:25 am
Young, the Appellate Term, Second and Eleventh Judicial Districts, affirmed a summary judgment ruling, which allowed a cooperative board to end a shareholder's lease due to objectionable conduct. [read post]
5 Aug 2007, 6:23 am
As has been reported in the national media, the OJ Simpson civil case has found its way to the Bankruptcy Court of the Southern District of Florida. [read post]
20 Jul 2007, 1:25 pm
After the request was denied, Zarelli appealed to the Appellate Term, Second and Eleventh Judicial Districts, which affirmed the denial.According to the AT2, when it comes to asking for this particular kind of relief, the clock starts to tick not from the date the decision is made but from the date the decision is filed with the Clerk of the Court. [read post]
28 Jun 2007, 6:04 am
Defense attorneys moved to dismiss the class action for lack of prudential standing under the Lanham Act, and the district court granted the motion. [read post]
19 May 2007, 10:12 am
" It added, however, that "we simply are not permitted to avert our eyes from the fairness of a proceeding in which a defendant has received the death sentence", and that "we have authority to do all things that are reasonably necessary for the proper administration of justice".(2) It seems that not all courts have adopted such a view, and "volunteers" have gone to their deaths despite concerns about the fairness of proceedings that put them on death row… [read post]
8 May 2007, 11:41 am
Ruiz)Last week we muddled the waters a bit more as the Supreme Court again addressed prosecutors' statements, upholding an Eleventh District's opinion in 2005 that "because R.C. 2953.82(D) provides that a prosecuting attorney's decision to disagree with an inmate's request for DNA testing is final and not appealable by any person to any court… it interferes with the exercise of… [read post]
1 May 2007, 5:20 am
The court essentially conducted de novo review of factual questions considered by both the District Court and the Eleventh Circuit Court of Appeals. [read post]
26 Apr 2007, 6:50 am
§ 1782, for judicial assistance to foreign tribunals. [read post]
29 Mar 2007, 3:04 am
We today join the Seventh, Ninth, and Eleventh Circuits, and district courts in the First and Third Circuits, agreeing with them that a claim seeking post-conviction access to evidence for DNA testing may properly be brought as a § 1983 suit. [read post]
19 Mar 2007, 8:16 am
I would like to flatter myself by thinking that the recent Mass. district court judge who cited my securities fraud work in passing (see In re Credit Suisse-AOL Secs. [read post]
8 Mar 2007, 5:05 am
In considering the motion, the district court observed that while any proposed class action settlement requires court approval, see FRCP Rule 23(e), there is "a strong judicial policy in favor of settlement" and in the Eleventh Circuit a settlement "should be approved as long as it is 'fair, adequate and reasonable and it is not the product of collusion between the parties.'" Borcea, at 672 (quoting Bennett v. [read post]
25 Feb 2007, 12:23 am
Cella, of Powhatan, as a judge of the Eleventh Judicial District for a term of six years commencing August 1, 2007.Sarah L. [read post]
21 Feb 2007, 4:51 am
State of New York, 06 Civ. 5681 Decided: February 6, 2007 "Disciplinary proceedings were instituted against Bernstein by the Grievance Committee for the Second and Eleventh Judicial Districts. [read post]
21 Feb 2007, 1:09 am
DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKLegal Profession'Rooker-Feldman' Doctrine, Eleventh Amendment Cited in Dismissal of Lawyer's Suit Against State Court Abrahams v. [read post]
23 Jan 2007, 11:35 am
Unfortunately for Vas-Cath, the district court quickly dismissed the case based on Missouri’s Eleventh Amendment immunity from suit in federal court. [read post]
