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17 Aug 2012, 4:42 am by Rachel Sachs
Coverage of the upcoming Term continues to focus on Fisher v. [read post]
12 Dec 2014, 4:53 am by Amy Howe
In The New England Journal of Medicine, Nicholas Bagley, David Jones, and Timothy Jost discuss the possible impact of a decision in favor of the challengers in King v. [read post]
17 Nov 2011, 3:11 am by Andrew Lavoott Bluestone
"Where evidentiary material is submitted on a CPLR 3211(a)(7) motion, it may be considered by the court, but unless the defendant demonstrates, without significant dispute, that a material fact alleged by the complaint is not a fact at all, the motion will not be granted" (Quesada v Global Land, Inc., 35 AD3d 575, 576; see Caravousanos v Kings County Hosp., 74 AD3d 716). [read post]
18 Nov 2010, 1:49 am by Andrew Lavoott Bluestone
"Where evidentiary material is submitted on a CPLR 3211(a)(7) motion, it may be considered by the court, but unless the defendant demonstrates, without significant dispute, that a material fact alleged by the complaint is not a fact at all, the motion will not be granted" (Quesada v Global Land, Inc., 35 AD3d 575, 576; see Caravousanos v Kings County Hosp., 74 AD3d 716). [read post]
30 May 2014, 4:07 pm by Stephen Bilkis
Accordingly, the criminal court vacates the defendant's plea of guilty and remits the matter to the Supreme Court, Kings County, for further proceedings, including a hearing to determine whether an independent source exists to support an in-court identification of the defendant by the complainant akin to People v Gethers, People v Dodt, People v Sanchez and People v Dawkins. [read post]
22 Aug 2011, 12:26 am
The Supreme Court had their first occasion to consider the interplay of these two provisions in the Quality King Distributors, Inc v L'Anza Research International, Inc. (1998). [read post]
23 Oct 2008, 10:11 am
The Court noted that the United States Court of Appeals for the Tenth Circuit considered the question in United States v. [read post]