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  This analysis is complicated by the fact that current copyright law, at least under the Sixth Circuit’s reasoning in Bridgeport Music, Inc. v. [read post]
29 Mar 2012, 12:04 am by John Diekman
Practice point: The defense is available on a defamation claim if the communications were made to persons who had some common interest in the subject matter.Student note: The defense will be defeated by demonstrating that the defendant spoke with malice.Case: Constantine v. [read post]
30 Jan 2012, 2:17 pm by Steve Bainbridge
Hence, as Justice O'Connor put it in her concurrence in McCreary County, Ky. v. [read post]
17 May 2011, 3:03 am by Andrew Lavoott Bluestone
Likewise, defendant's fifth and sixth counterclaims have "no merit" because defendant failed to either rebut plaintiff's proof that the retainer agreement was legally sufficient or specify any legal theory upon which relief could potentially be granted (Ventura v Fischer, 21 Misc 3d 131[A], 2008 NY Slip Op 52124[U], *2 [App Term, 2d & 11th Jud Dists 2008]; see CPLR 3212 [b]). [*3] Finally, the District Court should have dismissed the seventh and eighth counterclaims… [read post]
5 May 2011, 1:00 pm by McNabb Associates, P.C.
ARTICLE V Neither of the contracting parties shall be bound to deliver up its own citizens, born or naturalized, under the stipulations of this Convention. [read post]
21 Feb 2011, 4:00 am by Howard Friedman
McBeth, Much Ado About Nothing Much: Protestant Episcopal Church in the Diocese of Virginia v. [read post]
23 Dec 2010, 3:16 am
The officers were disciplined for violating the directive.The court dismissed the complaint citing the Appellate Division’s ruling in Moore v Constantine, 191 AD2d 769. [read post]
18 Dec 2010, 6:41 am
For example, in Clift v City of Syracuse, 45 AD2d 596, the Appellate Division ruled that if an employee was refused permission to use his or her leave credits and was subsequently terminated, the individual was entitled to payment for his or her unused vacation accruals.Another decision, Degnan v Constantine, 189 AD2d 423, illustrates the strict construction courts generally give to regulations involving the forfeiture of leave credits.Degnan, a State Trooper, was eligible… [read post]
6 Dec 2010, 1:19 pm by Antitrust Today
Plaintiffs, who are represented by Constantine Cannon, won a jury verdict under federal and New York State antitrust laws that could eventually result in a $40 million award after post-trial motions in Stand-Up MRI Of The Bronx, et al, v. [read post]
2 Dec 2010, 9:16 am by Roshonda Scipio
. : Bloomsbury Press, 2010.Civil RightsKF4155 .S77 2010Mendez v. [read post]