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27 Dec 2023, 5:29 am by Andrew Lavoott Bluestone
”Pursuantto the doctrine of [the] law of the case:, judicial determinations made during the course of … litigation before final judgment is entered may have preclusive effect provided thatthe parties had a full and fair opportunity to litigate the initial detetmination” (Sterngass v Town Bd. of Town of Clarkstown, 43 ADJd 1037, I 037 [2d Dept 2007]; see Ruffino v Green; 72 AD3d 785, 786 [2d Dept 2010]). [read post]
26 Dec 2023, 4:28 pm by Kalvis Golde
Book, the two attorneys ask the the justices to grant review and reverse the 8th Circuit’s ruling. [read post]
23 Dec 2023, 7:16 pm by admin
In the district court, a careful judge excluded the plaintiffs’ expert witnesses, who relied heavily upon animal studies and who cherry picked and distorted the available epidemiology.[9] The Court of Appeals reversed, in an unsigned, non-substantive opinion that interjected an asymmetric standard of review.[10] After granting review, the Supreme Court engaged with the substantive validity issues passed over by the intermediate appellate court. [read post]
27 Nov 2023, 5:51 am by Elizabeth Goitein
The law grants the government broad authority to collect the communications of non-Americans located abroad without a warrant. [read post]
13 Nov 2023, 4:00 pm by Charles Sartain
The trial court granted summary judgment in favor of Green/Fortis that the reservation was ineffective, applying Duhig. [read post]
9 Oct 2023, 1:52 am by INFORRM
The court held that the action in harassment had been properly brought and granted a permanent injunction against the defendant restricting his communications. 5RB summarised the case. [read post]
4 Oct 2023, 4:30 pm by INFORRM
For example, in Green Corns Ltd v Claverley Group Ltd [2005] EWHC 958 (QB) (18 May 2005) [h/t Andrew Scott] Tugendhat J granted an injunction restraining a local newspaper from publishing the addresses of homes provided for troubled children. [read post]