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19 Dec 2016, 4:00 am by The Public Employment Law Press
 In some instances, however, a statutory exception may have “sublimated” as the Appellate Division observed in DeFreitas v New York State Police Crime Lab.,2016 NY Slip Op 05676, quoting Matter of Lesher v Hynes, 19 NY3d 57. [read post]
18 Sep 2007, 12:02 am
In this action, California seeks damages against several major automakers on the grounds of state and federal public nuisance law.The District Court dismissed on the ground that the case raises non-justiciable political questions, with a particular focus on the third factor of Baker v. [read post]
28 May 2010, 5:38 am by Adam Wagner
By reference to Article 8(2), disclosure must be in accordance within the law, it must be necessary in a democratic society and proportionate and it must be for a stated and legitimate purpose Records will usually be disclosed For guidance, Mr Justice Llyod Jones looked to the case of A Health Authority v X and others [2001] EWCA Civ 2014. [read post]
12 Mar 2007, 1:04 am
The State should have affirmatively advised the trial court that such report either did or did not exist or, if the State was likewise uncertain, ought to have sought from the court the opportunity to clarify whether such report was made. [read post]
4 Mar 2016, 8:02 am by Dave Maass
If that’s CDCR’s argument, it’s plainly wrong: in United States v. [read post]
19 Oct 2007, 8:25 am
Templeton: On page seven, today's version of the opinion states, "This opinion has been redacted because portions of the record are under seal. [read post]