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13 May 2010, 5:30 am
Sheets, 313 U.S. 100, 106-08 (1941) stated that the federal law authorizing removal by a defendant does not include removal by a counter-defendant. [read post]
3 Oct 2014, 4:48 pm
The record indicates that the defendant was indicted in Nassau County, New York, on the 17th day of February, 1959 for the crimes of Robbery, in the First Degree; Grand Larceny, First Degree (two (2) counts); Grand Larceny, in the Second Degree; and Assault, in the Second Degree; all of which acts were allegedly committed by the defendant in concert with three (3) others on or about December 31st, 1958. [read post]
District Court Shuts Down Defense Tactic And Finds That Offer Of Judgment Does Not Moot Class Claims
15 Jun 2013, 1:20 pm
Id. at 2. [read post]
10 Jul 2017, 12:22 pm
Section 13-1204(A)(2), you can be convicted of aggravated assault if you commit simple assault and use a deadly weapon or dangerous instrument to do so. [read post]
6 Jun 2022, 5:24 pm
An amount that's (1) a fraction of the compensatory damage award (a little under 30%), and (2) the value of an LLC interest that the trial court found the defendant continued to possess in a family business.Seems reasonable to me, no? [read post]
1 Apr 2008, 2:07 am
Defendant's unlawful detention does not require suppression the finding of a separate warrant for the defendant's arrest because the official misconduct was not flagrant. [read post]
17 May 2019, 3:23 pm
JP Morgan concerned Article 22(2) of Regulation 44/2001, which is materially identical to Article 24(2) of Brussels I Recast. [read post]
7 Nov 2012, 2:24 pm
The Court notes that Section 1194-a of the Vehicle and Traffic Law does not require any showing of such an order to the defendant or the personnel performing the chemical test. [read post]
7 Nov 2012, 2:24 pm
The Court notes that Section 1194-a of the Vehicle and Traffic Law does not require any showing of such an order to the defendant or the personnel performing the chemical test. [read post]
10 Sep 2022, 6:35 am
Don’t put yourself in the position of defending against an accord and satisfaction defense. [read post]
2 Sep 2012, 10:18 am
The ground for withholding recognition under Article 34(2) does not apply if the defendant failed to commence proceedings in the State of origin to challenge the default judgment when it was possible for him to do so. [read post]
15 Dec 2010, 7:23 am
"[Defendant's] analysis suggests that it does not infringe because another party provides the responsive signals. [read post]
3 Jan 2018, 4:33 am
When does the statute of limitations commence? [read post]
14 Jul 2011, 5:00 am
This was a 2-1 decision with thorough opinions and interesting points made by the majority and dissent. [read post]
28 Feb 2016, 12:14 pm
What does case law say about the requisite factual basis? [read post]
28 Feb 2016, 12:14 pm
What does case law say about the requisite factual basis? [read post]
18 Feb 2015, 4:04 pm
Riddiough’s damage calculation incorporated an error by calculating interest on income; because Sec. 12(a)(2) expressly provides that interest may be calculated on “consideration paid” but does not so provide regarding “income received,” principles of statutory interpretation compelled the conclusion that interest should not be calculated on income. [read post]
21 Sep 2014, 5:18 pm
To go further does not make sense and would create a legal chaos based on individual selectivity. [read post]
2 Nov 2020, 10:00 am
Voisine’s rationale does not require the Supreme Court to hold otherwise, and neither does the ACCA’s legislative history, Borden explains. [read post]
29 Nov 2012, 1:51 pm
Plaintiff cross-moves, for an order (1) granting summary judgment in his favor on his Labor Law § 240 (1) claim as against defendants American, Levitz and International; (2) granting a Special Trial Preference in his favor; and (3) directing that plaintiff be entitled to a lower burden of proof due to his cognitive injuries. [read post]
