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10 Sep 2016, 3:25 am
This is an obvious situation of “take your victim as you find them” – mental fragility was not an unknown or hidden condition which the defendant could not have foreseen. [read post]
11 Jul 2020, 3:19 am
Specifically, this was because Zeitouni[5] and Kokos[6] were instances where the defendants’ addresses were unknown; in Oswal, the court noted that it was unaware of who might be present at the address to accept service on behalf of the defendant.[7] Article 1 of the Hague Convention explicitly indicates that these are circumstances where the Convention is not applicable.[8] Therefore, these three cases can be distinguished from Facebook. [read post]
10 Apr 2013, 5:06 pm
To quote from his judgment, “They are: (1) A justification defence will run if the defendant shows that what he has alleged is substantially true. [read post]
16 Dec 2012, 12:39 pm
§ 841(a)(1). [read post]
12 Jun 2013, 7:13 pm
§ 841(a)(1). [read post]
19 Apr 2021, 3:24 am
(attorney defendants) likewise move the court pursuant to CPLR 321 l(a)(l), (3), (5), and (7) seeking dismissal of the amended complaint. [read post]
24 Aug 2015, 3:37 pm
However, respondent argued that petitioner should be precluded from bringing said action because: (1) he failed to comply with that portion of section 5208 (a) (2) (A) of the Insurance Law, which requires that the accident be reported to the police within 24 hours after the occurrence; and (2) he failed to comply with section 5218 (b) (5) which requires that petitioner make "all reasonable efforts to ascertain the identity of the motor vehicle and of its owner and operator. [read post]
12 Jul 2012, 7:30 am
This Lawsuit and Petitioner’s Claims Petitioner was arrested on October 5, 2004, and charged with eight counts: three counts of aggravated assault [read post]
23 Jun 2021, 6:50 am
Property owners can only name the following defendants in a quiet title action: (1) known defendants for a cloud of a known or an unknown nature; and (2) unknown defendants for a cloud of a known nature. [read post]
27 Oct 2023, 3:16 pm
(West 2022)), and two laws regulating data obtained by artificial intelligence, the Artificial Intelligence Video Interview Act (820 ILCS 42/5 (West 2022)) and the Illinois Health Statistics Act (410 ILCS 520/1 et seq. [read post]
18 Dec 2019, 4:00 am
The requirements and safeguards to compel innocent third parties to identify defendants (a Norwich order) are well established. [1] The requirements and safeguards to compel innocent third parties to block a web site are not well established. [read post]
12 Nov 2020, 10:53 am
” Other equitable considerations may include, among other things, “(1) the degree of certainty that the defendant benefited from the unlawful conduct; (2) availability and adequacy of other remedies; (3) the role of a particular defendant in effectuating the infringement; (4) plaintiff’s laches; and (5) plaintiff’s unclean hands. [read post]
14 May 2023, 7:07 pm
On 1 May 2023, Mr. [read post]
18 Nov 2007, 8:47 pm
The Court cannot say that this new opinion as to the 5 State v. [read post]
18 Nov 2007, 8:47 pm
The Court cannot say that this new opinion as to the 5 State v. [read post]
7 Jan 2009, 10:50 am
District Court in Manhattan after a bail hearing in New York, Jan. 5, 2009. [read post]
8 Nov 2007, 9:48 am
The purpose of a petition for post-conviction relief is to raise issues unknown or unavailable to a defendant at the time of the original trial or appeal. [read post]
5 Sep 2018, 4:51 pm
(para 38).5. [read post]
24 May 2013, 10:09 am
May 7, 2013), a 2-1 majority of a panel of the United States Court of Appeals for the Second Circuit held that plaintiffs’ failure to plead direct misrepresentations from defendant to plaintiffs was fatal to their market manipulation claim under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. [read post]
25 Aug 2011, 5:00 am
., 2011 NY Slip Op 4720, 1 (N.Y. [read post]
