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9 Jun 2008, 1:18 am
The Federal 5th Circuit Court of Appeals decided last week to reverse and remand the Houston district court's decision to throw out the case Fisher v. [read post]
11 May 2020, 2:00 am by Emily Campbell
The Supreme Court will be tasked to consider whether the guidance it laid down in Patel v Mirza [2016] UKSC 42 provides an authoritative universal test for the operation of the illegality defence in tortious claims or whether a more appropriate framework in this case is that articulated in the earlier and materially similar cases of Gray v Thames Trains [2009] UKHL 33 and in Clunis v Camden and Islington Health Authority [1998] QB 978. [read post]
4 Jun 2011, 9:44 am by Brian Shiffrin
In the years after the Court of Appeals decision in Stith three of the four Appellate Departments have issued rulings counter to the Stith holding, concluding that because it is the defendant's initial burden to establish standing, the People may raise defendant's lack of standing for the first time on appeal (see People v McCall, 51 AD3d 822, 822 [2d Dept 2008] lv denied 11 NY3d 856 [2008]; People v Hooper, 245 AD2d 1020, 1021 [4th Dept 1997]; People v… [read post]
18 Aug 2013, 11:43 am by Howard Friedman
LEXIS 115775 (ED CA, Au. 14, 2013), a California federal magistrate judge allowed a Wiccan inmate to move ahead with his complaint that he was denied use of a fire pit and his religious altar was confiscated.In Gray v. [read post]