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1 Oct 2014, 10:46 am by Stephen D. Rosenberg
I wanted to comment at least briefly, or more accurately thematically, on the Third Circuit’s decision last week in Santomenno v. [read post]
27 Dec 2024, 5:28 am by Andrew Lavoott Bluestone
“The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015 (a)[, and] any determination rendered without such substitution will generally be deemed a nullity” (Singer v Riskin, 32 AD3d 839, 839-840 [citations omitted]; see Hemmings v Rolling Frito-Lay Sales, LP, 220 AD3d 754, 757; Vicari v Kleinwaks, 157 AD3d 975, 976). [read post]
7 Apr 2011, 11:02 am by Evidence ProfBlogger
Federal Rule of Evidence 701 provides that If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the... [read post]
20 May 2007, 8:54 pm
***fedcirc.us wrote of the TSM test: Thus, the TSM test lay on the battlefield without a clear purpose. [read post]
20 Mar 2007, 1:11 pm
I sat in on the hearing of Kerr v. [read post]
8 Dec 2007, 7:10 am
The Court recalled that Article 56 §1 EC lays down a general prohibition on restrictions on movements of capital between member States (see, Case C-112/05 Commission v. [read post]
28 Jun 2007, 10:03 am
  In the IGT case, the court held that the contribution made lay in the excluded field of a scheme, rule or method for playing a game and upheld the refusal of the applications. [read post]