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22 Jan 2009, 3:04 pm
Under New York's rules of precedent, a decision by one department of the Appellate Division is a state-wide precedent binding on all trial courts so long as it is not contradicted by another panel of the Appellate Division or overruled by the Court of Appeals. [read post]
13 Jun 2013, 1:26 pm by David Cheifetz
Once upon a time, but not so long ago, Canadian tort law contained a test for proof of factual causation in tort known as the material contribution (to injury) test. [read post]
11 Dec 2008, 10:05 am
Earlier today judgment was handed down in the long-awaited Accident Line Protect (ALP) Test Cases (reported as Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375. [read post]
5 Oct 2019, 1:01 pm by Kalvis Golde
But no matter how long its history of appellate adjudication, no matter how experienced its attorneys, nothing can quite prepare a state for three Supreme Court oral arguments in 30 days. [read post]
24 Apr 2018, 1:47 pm by Ronald Mann
This morning brought decisions in both of the patent cases argued in November, with the government prevailing on the constitutional question raised in Oil States Energy Services v. [read post]
30 Jun 2014, 9:10 pm by Adam Kielich
This month the federal Fifth Circuit Court of Appeals, which hears appeals from Texas, delivered a surprising appellate decision on overtime pay for workers in long haul freight transport in Allen v. [read post]
11 Jul 2012, 6:50 am by Heidi Henson
An employer could not be held vicariously liable for an after-work accident caused by an employee who was on an extended assignment away from home, ruled the Arizona Supreme Court, resolving a dispute among state courts (Engler v Gulf Interstate Engineering, Inc, July 9, 2012, Berch, R). [read post]
18 Sep 2018, 1:06 pm by Rory Little
United States, and then, in two consolidated cases, Stitt and Sims v. [read post]
26 Aug 2011, 3:45 am
Determining eligibility for representation and indemnification of public employees being suedSalino v Cimino, 1 N.Y.3d 166 Public Officers Law Sections 17 [state officers and employees] and 18 [municipal employees] and other local laws provide for the representation and, if found liable, the indemnification, of officers and employees of the jurisdiction who are being sued -- a significant benefit to such individuals. [read post]
20 Nov 2013, 4:30 am
  Nelson had uncovered an alleged years-long conspiracy to fix prices by companies that sold asphalt to the State of Arkansas. [read post]