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12 Dec 2017, 9:57 am by Wolfgang Demino
   Table of Contents and Excerpt from Rzeslawski's article on the implications of Madden v Midland for post-crash consumer remedies against predatory lending that occurred years earlier  Madden v. [read post]
30 Mar 2023, 3:54 pm by ccoleburn
In light of the Supreme Court’s 2020 decision in Bostock v. [read post]
30 Dec 2009, 6:27 pm by Law Lady
The agency said Nov. 3 it is suing two major nursing home chains for allegedly accepting Omnicare's kickbacks in return for pharmacy services contracts.Reglan (Generic Drugs): REGLAN MAKERS ESCAPE TEXAS GENERIC-DRUG SUIT, Burke v. [read post]
13 Oct 2005, 7:06 pm
If Almendarez-Torres is overruled and even prior convictions become the functional equivalent of "traditional elements," then "functional equivalency" must have certain entailments--including the well-established double jeopardy rule of Burks v. [read post]
22 Oct 2021, 4:04 am by Russell Knight
“An affidavit is based upon the personal knowledge of the affiant and there is a reasonable inference that the affiant could competently testify to its contents at trial” Burks Drywall, Inc. v. [read post]
31 Aug 2015, 6:49 pm
Although PH had offered an explanation as to why MB had executed a will in his sole favor, such testimony merely created a question of fact for the jury as to whether the proffered explanation was adequate (Matter of Burke, 82 A.D.2d 260, 274, 441 N.Y.S.2d 542; Matter of Elmore, 42 A.D.2d 240, 241, 346 N.Y.S.2d 182). [read post]