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24 Oct 2022, 4:47 am
At the time, my intention was to question if Justice Masley’s holding was consistent with a burgeoning line of appellate case law starting with Crossroads ABL LLC v Caneras Capital Mgt. (105 AD3d 645 [1st Dept 2013]). [read post]
26 Nov 2020, 1:18 am
" Justice Kavanaugh's concurrence Justice Kavanaugh wrote separately. [read post]
16 Jul 2008, 2:14 am
admitted to practice in Nevada - 1989 William Kephart website - www.kephartforjudge.com motto - Ethics, Integrity and Justice current job - Deputy District Attorney position on criminal law cases - "As our District Court Judge, Kephart will fairly apply the 'rule of law' to ensure that criminals are punished and victims are protected. [read post]
10 Jun 2008, 9:00 pm
The Court’s decision, authored by Chief Justice Roberts, rejects the “class of one” theory of equal protection in the public employment context. [read post]
2 Feb 2015, 3:07 am
Matter of Smith v Russo, 230 AD2d 863 [2d Dept 1996]; Matter of Chu v Sino Chemists, 192 AD2d 315 [1st Dept 1993]), and the nature and extent of any intervening changes to the business and/or its value certainly could be considered. [read post]
18 Aug 2017, 9:30 am
In contrast, President Trump tweeted, “The Justice Dept. should have stayed with the original Travel Ban, not the watered down, politically correct version they submitted to S.C. [read post]
6 Jul 2020, 5:30 am
Justice Alito himself called them “ad hominem” rhetoric. [read post]
15 Jul 2024, 4:50 am
., 10 AD3d 267, 272 [1st Dept 2004]; Cosmetics Plus Group, Ltd. v Traub, 105 AD3d 134, 140 [1st Dept 2013]). [read post]
16 Aug 2011, 10:52 am
Dept. of Health and Human Services, although striking down the individual mandate as an exercise of congressional power under the Commerce Clause, purports to reject the activity/inactivity distinction on which many have relied to reach the same conclusion. [read post]
26 Jun 2008, 3:56 pm
There are only three opinions in Heller--the majority opinion by Justice Scalia & dissents by Justice Stevens and Breyer. [read post]
28 Nov 2012, 12:50 pm
" The dissenting Justice said in a lengthy dissent, "Because I would hold that the district court did not abuse its discretion in holding Interior in contempt, I respectfully dissent. [read post]
22 Aug 2009, 6:43 am
Wildenstein, --- N.Y.S.2d ---, 2009 WL 2497306 (1st Dept. [read post]
24 Dec 2022, 8:10 am
Vinnik, 127 A.D.2d 310, 317–318, 515 N.Y.S.2d 1 [1st Dept. 1987]). [read post]
20 Oct 2013, 9:01 pm
Rodriguez, 109 A.D.3d 595, 599, 971 N.Y.S.2d 109 (2d Dept 2013) Justice Cooper reviewed the parties’ overall financial circumstances. [read post]
3 Mar 2014, 3:58 am
The Court’s Decision In her decision last week in Borriello v Loconte, 2014 NY Slip Op 50241(U) [Sup Ct Kings County, Feb. 24, 2014], Brooklyn Commercial Division Presiding Justice Carolyn E. [read post]
29 Oct 2012, 8:16 am
This post continues to annotate with South Carolina law the canons of construction identified in Justice Antonin Scalia and Bryan Garner‘s book, Reading Law: The Interpretation of Legal Texts. [read post]
21 Nov 2007, 11:28 am
Georgia Dept, of Corrections, here. [read post]
15 Aug 2020, 4:29 am
Tracy C., 209 AD2d 955, 955 (4th Dept. 1994))); Pacheco v. [read post]
11 Jan 2020, 5:48 am
The statutes placed responsibility upon law enforcement, prosecutors and the courts to ensure by written notice that victims are made aware of their rights, of the expectations they may have to obtain assistance from both the civil and criminal justice systems and of the remedies and resources available to them. [read post]
24 Aug 2020, 4:08 am
The appellate panel in A&F reviewed what the court described as a “well-reasoned opinion” by Manhattan Commercial Division Justice O. [read post]
