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13 Oct 2011, 2:54 am by John L. Welch
IP Ownership maven Pamela Chestek, at her Property, intangible blog (here), discusses the Board's recent decision in Philip Restifo v. [read post]
1 Dec 2014, 4:27 am by SHG
The Supreme Court will hear oral argument today in Elonis v. [read post]
24 Jul 2016, 10:34 pm by Patricia Salkin
The court ruled that it had jurisdiction over the RLUIPA substantial burden claim. [read post]
9 Oct 2008, 8:25 am
When the Supreme Court granted cert in United State v. [read post]
11 Mar 2022, 4:02 am by Andrew Lavoott Bluestone
Contrary to the Ofshtein defendants’ contention, the plaintiff did not have a burden to provide extrinsic evidence to support his allegations regarding an alleged oral contract or its terms (see Doe v Ascend Charter Schs., 181 AD3d at 650; Stuart Realty Co. v Rye Country Store, 296 AD2d at 456). [read post]
4 Nov 2008, 10:07 am
Corp., 26 AD3d 372, 810 NYS2d 484 [2d Dept 2006]; Lewin v County of Suffolk, 18 AD3d 621, 795 NYS2d 659 [2d Dept 2005]).Under the Frye standard, the burden of proving general acceptance rests upon the party offering disputed expert testimony (Cumberbatch v Blanchette, 35 AD3d 341, 825 NYS2d 744 [2d Dept 2006]; Zito v Zabarsky, 28 AD3d 42, 812 NYS2d 535 [2d Dept 2006]). [read post]