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12 Jun 2023, 1:09 pm by admin
Marsh, “Separating the good guys and gals from the bad,” 126 Br. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
In denying plaintiff's motion, the court determined that a reasonable jury could have concluded that Miller's "mistake and the shooting that resulted" did not violate any applicable standard of care and hinged on a credibility determination best left for the jury (US Dist Ct, ND NY, 3:13 CV 107, Sept. 27, 2017, McAvoy, Sr. [read post]
28 Mar 2022, 7:30 am by Public Employment Law Press
In denying plaintiff's motion, the court determined that a reasonable jury could have concluded that Miller's "mistake and the shooting that resulted" did not violate any applicable standard of care and hinged on a credibility determination best left for the jury (US Dist Ct, ND NY, 3:13 CV 107, Sept. 27, 2017, McAvoy, Sr. [read post]
19 Mar 2022, 2:09 pm by admin
The second edition of the Reference Manual on Scientific Evidence contained a chapter by the late Professor Margaret Berger, who took pains to point out the difference between agency assessments and the adjudication of causal claims in court: [p]roof of risk and proof of causation entail somewhat different questions because risk assessment frequently calls for a cost-benefit analysis. [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
(UAW) v Yard-Man, Inc. (716 F2d 1476 [6th Cir 1983], cert denied 465 US 1007 [1984]) and its progeny. [read post]
6 Mar 2022, 5:46 am by Public Employment Law Press
(UAW) v Yard-Man, Inc. (716 F2d 1476 [6th Cir 1983], cert denied 465 US 1007 [1984]) and its progeny. [read post]
4 Oct 2021, 9:37 am by Eugene Volokh
Lower courts need guidance from this Court on this important question. [read post]
16 Jan 2021, 10:57 pm by Mahmoud Khatib
Subjective and Objective Standards for Determining the Parties’ Intentions Depending on the jurisdiction, courts use either an objective or subjective standard to determine the parties’ intentions.[30] In jurisdictions that use a subjective standard, the parties’ intentions are considered a question of fact, not a question of law, and courts thus defer the question to the jury to determine.[31] In jurisdictions that use… [read post]
27 Mar 2018, 5:02 pm by Wolfgang Demino
Plaintiff earned a Bachelor of Arts degree in Communications and Media from Fordham University in 2000 and a Juris Doctorate from New York Law School in February of 2004. [read post]
29 Aug 2017, 1:17 pm by Lawrence B. Ebert
Patent eligibility is a question of law. [read post]