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26 Sep 2023, 11:00 pm
" guilty of violating certain prison rules.When the case was transferred to the Appellate Division, Third Department, it ended up confirming that determination.Apparently, H. was alleged to have attacked a fellow inmate in a facility bathroom, leaving the latter with cuts on his right cheek. [read post]
26 Sep 2023, 9:01 pm
On August 24, 2023, the Second Circuit affirmed the dismissal of state-law securities claims in Kirschner v. [read post]
26 Sep 2023, 12:39 pm
Although the Rijksmuseum seemingly handled the overwhelming popularity better than the National Gallery of Art, drawing a valuable lesson from the latter’s experiences, it also shares some as well. [read post]
26 Sep 2023, 11:00 am
Notably, the Court held that, like the former section 45, the amended section 45 still requires both subjective and objective intent (in the latter case, an objective intention to do one or more of the things described in sections 45(1)(a)-(c) of the Competition Act). [read post]
26 Sep 2023, 9:24 am
Gözze Frottierweberei and Gözze (C‑689/15), where the latter found that an individual mark is not used in accordance with the origin function if the relevant public perceives it as a sign intended to certify the composition or quality of the goods or services, without guaranteeing to consumers that the goods or services come from a single undertaking under the control of which they are manufactured or supplied and which, consequently, is responsible for the quality of those… [read post]
26 Sep 2023, 9:21 am
He argued for the latter, presuming that Congress intended the common-law meaning for a vacated sentence: “ab initio, as if it never happened,” and noted that all sister circuits considering this issue have gone the other way. [read post]
26 Sep 2023, 6:05 am
The Biden administration recently submitted and formally launched its annual report to Congress on U.S. efforts to anticipate, prevent, and respond to atrocities, as required by the landmark Elie Wiesel Genocide and Atrocities Prevention Act (the Elie Wiesel Act). [read post]
26 Sep 2023, 4:56 am
The law known as the “Little” Tucker Act authorizes federal district courts to entertain small dollar civil claims against the United States, “in cases not sounding in tort. [read post]
26 Sep 2023, 2:00 am
USED HANDS AND GUN TO CAUSE BODILY INJURY TO ARRESTEEAccording to a press release issued by the United States Department of Justice, a former police officer from Memphis, Tennessee, was sentenced on August 31, 2023, to 18 months in prison (together with a year of supervised release) for using excessive force as against an arrestee and violating the latter’s civil rights.While the officer was on duty, back in January 2021, he admitted that, “without legal justification,” he… [read post]
25 Sep 2023, 9:02 pm
[[UPDATE: Don't blog when tired or in a hurry! [read post]
25 Sep 2023, 9:13 am
A benefit provided to some applicants but not to others necessarily advantages the former group at the expense of the latter,” Chief Justice John Roberts wrote. [read post]
25 Sep 2023, 7:39 am
In those latter instances, it is totally feasible for a defendant to answer the complaint before the plaintiff completes service of the second complaint. [read post]
25 Sep 2023, 7:39 am
In those latter instances, it is totally feasible for a defendant to answer the complaint before the plaintiff completes service of the second complaint. [read post]
25 Sep 2023, 7:39 am
In those latter instances, it is totally feasible for a defendant to answer the complaint before the plaintiff completes service of the second complaint. [read post]
25 Sep 2023, 6:30 am
For example, the latter could arise if Putin loses power and is succeeded by a leadership group that views his surrender or the surrender of any members of his leadership cohort to the ICC as politically useful. [read post]
25 Sep 2023, 5:00 am
ATTORNEY FAILED TO EXPLAIN AWAY YEAR-LONG DELAYAfter HGL was injured in a motorcycle accident, he filed suit against TMM and other defendants in the Queens County Supreme Court.When the latter moved to dismiss the litigation, claiming that HGL’s injuries weren’t “serious,” as defined by the state’s Insurance Law, HGL failed to oppose the motion.About a year later, after HGL moved to vacate his default, and the Supreme Court denied that request, an appeal… [read post]
24 Sep 2023, 9:02 pm
The latter requiring only a change in computer code. [read post]
24 Sep 2023, 4:03 am
This latter goal is critical to ameliorate the highly coercive aspects of present plea bargain practice, since more than any other factor it is the threat of heavy trial penalties that undermine the value of a defendant’s constitutional right to trial. [read post]
24 Sep 2023, 12:39 am
While the latter is obvious, for many years we have been chasing abstraction, protecting things like a set of attributes describing a character in a movie. [read post]
23 Sep 2023, 1:04 pm
This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. [read post]
