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1 Feb 2016, 12:26 pm by Earl Drott
Related Blog Posts Hospitals Drive the Cost of Medical Inflation Texas Woman’s Claim for Slip and Fall at Hospital Was Not Covered Under State Medical Liability Act – Reddic v. [read post]
In the third (and final) of our blogs reporting on the UK Court of Appeal decision in Lidl v Tesco, we examine the findings in relation to non-use revocation. [read post]
17 Dec 2013, 10:01 am by Betsy McKenzie
Judge Leon notes that the Supreme Court took the Jones decision as an opportunity to revisit the Smith decision, because there was an earlier warrantless tracking device opinion, United States v. [read post]
20 Apr 2010, 4:05 pm by Christine Hurt
  However, the Southern District held that the SEC had not met its pleading burden for most of the fraud claims under Ashcroft v. [read post]
10 Jul 2010, 12:00 pm by INFORRM
    After considering the approach in the United States and Canada and the domestic case law on justification of interferences with constitutional rights she concluded that a rule which placed the burden of proving falsity on the plaintiff would put his constitutional rights to dignity at risk [52]. [read post]
20 Jun 2011, 9:35 am
Supreme Court this morning reversed the Ninth Circuit’s decision in Wal-Mart Stores, Inc. v. [read post]
6 Jun 2018, 1:52 am by Jon Gelman
(March 26, 2018)Apr 25 2018 Brief of respondents State of New York, et al. in opposition filed.May 14 2018 Reply of petitioners American Economy Insurance Co., et al. filed.May 15 2018 DISTRIBUTED for Conference of 5/31/2018.Jun 04 2018 Petition DENIED.American Economy Insurance Co. v. [read post]
22 Aug 2022, 3:45 am by Andrew Lavoott Bluestone
Where, as here, the defendants submitted evidentiary material in support of that branch of their cross motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint, the criterion becomes whether the plaintiff has a cause of action, not whether one is stated (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Bua v Purcell & Ingrao, P.C., 99 AD3d 843, 845). [read post]
26 May 2010, 10:01 am by R.J. MacReady
I suppose a little more information from the witness might have helped Perez carry his burden to show that he was prejudiced by trial counsel's performance. [read post]
23 Feb 2018, 1:21 am by ELLIOT GOLD
Lord Neuberger similarly stated that courts should “bear clearly in mind” the need to interpret the duty in a way which does not impose an impossible or disproportionate burden on the police. [read post]