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30 Aug 2014, 10:42 pm
This remains true even in the event that the parties have consented to the requested fee akin to Matter of Stortecky v Mazzone and Matter of Phelan. [read post]
28 Aug 2014, 4:16 pm by Stephen Bilkis
Indeed, Florida courts, as in Montgomery v State, State v Mason and Smith v State, have held that a nolo contendere plea with adjudication withheld is generally considered a conviction for purposes of determining a defendant's sentence for subsequent convictions. [read post]
28 Aug 2014, 3:41 am by Jani
Even though the provision is akin to its American cousin in the Digital Millennium Copyright Act, it's still much stricter as it currently stands. [read post]
26 Aug 2014, 10:32 am by Matthew L.M. Fletcher
The materials in the Montrail County matter (Dakota Petroleum Transport Solutions LLC v. [read post]
26 Aug 2014, 8:17 am by Joel R. Brandes
In this case, the family's move, though indefinite, was not "of a trial nature" or for a "trial period" as in Gitter, nor was akin to a summer sojourn; the move indeed evinces a good degree of "settled purpose" and continuity. [read post]
18 Aug 2014, 8:45 am by Wells Bennett
Broadly, the government highlights the practical difficulties associated with combating a non-state actor in the twenty-first century. [read post]
11 Aug 2014, 3:32 am by Peter Mahler
(The rules are different in states that have enacted the Revised Uniform Partnership Act.) [read post]
8 Aug 2014, 6:11 am by Eric Penzer
  A court should not employ a presumption where to do so would “elevate a legal construct above common sense” (People v Giordano, 87 NY2d 441 [1995]). [read post]
6 Aug 2014, 2:34 pm
 DePuy argued that plaintiffs’ state law design defect claims were preempted under Pliva v. [read post]
30 Jul 2014, 5:18 am
[T]he military judge stated RM's actions went far beyond those expected of a private citizen. [read post]
27 Jul 2014, 7:22 pm
Finally, he signed a typewritten statement in which he admitted the kidnapping and stated that 'the baby was left on 5 July 1956, still alive, in the bushes by exit 37 on Northern State Parkway about 11:40 A. [read post]
22 Jul 2014, 9:01 pm by Sherry F. Colb
Supreme Court’s recent case of Burwell v. [read post]