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24 Apr 2008, 11:54 pm
., 6 B.R. 1019, 1022-23 (D.Del.1980); In re Saunders, 379 B.R. 847, 855-57 (Bankr.D.Minn.2007); In re MarketXT Holdings Corp., 347 B.R. 156, 161-62 (Bankr.S.D.N.Y.2006); In re Coppertone Commc'ns, Inc., 96 B.R. 233, 234-35 (Bankr.W.D.Mo.1989); In re Alta Title Co., 55 B.R. 133, 136-37 (Bankr.D.Utah 1985). . . . we find the reasoning of the decisions that hold § 303(b)'s requirements are not subject matter jurisdictional to be more persuasive. . . . [read post]
14 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
“Accrual is measured from the commission of the alleged malpractice, when all facts necessary to the cause of action have occurred and the aggrieved party can obtain relief in court, regardless of when the operative facts are discovered by the plaintiff” (Farage v Ehrenberg, 124 AD3d at 164 [citations omitted]; see Shumsky v Eisenstein, 96 NY2d 164, 166). [read post]
24 Mar 2010, 7:34 am by Dave
In particular, the problem of Fry J's well-known five probanda in Willmott v Barber (1880) 15 Ch D 96, at 105, which has bedevilled this area in the past, is again at stake here because eg it was not known whether the Defendants' predecessor in title had made a mistake as to his legal rights (probanda 1). [read post]
24 Mar 2010, 7:34 am by Dave
In particular, the problem of Fry J's well-known five probanda in Willmott v Barber (1880) 15 Ch D 96, at 105, which has bedevilled this area in the past, is again at stake here because eg it was not known whether the Defendants' predecessor in title had made a mistake as to his legal rights (probanda 1). [read post]
27 Feb 2011, 3:01 pm by Oliver G. Randl
As a consequence, as far as the question of whether the [opponent] has complied with its duty to substantiate and whether its opposition may be considered admissible is concerned, only the legal and factual situation at the expiration of the time limit for filing an opposition is relevant (see T 1019/92). [read post]
29 Jul 2010, 4:49 am by Maxwell Kennerly
City of Green Bay, 168 F.3d 1013, 1019 (7th Cir.1999); see also Allison Engine Co. v. [read post]
6 Mar 2017, 9:50 am by Gail Cecchettini Whaley
Remember that lawful off-duty activity is also protected (Labor Code sec. 96(k).) [read post]
19 Apr 2007, 4:47 pm
Voinovich, 130 F.3d 187, 193-96 (6th Cir. 1997), cert. denied, 523 U.S. 1036 (1998); Jane L. v. [read post]
23 Aug 2006, 2:26 pm
Smith, 404 F.3d 1019 (6th Cir. 2005), based upon an attempted robbery, the defendant was charged and tried for being a felon in possession of a firearm. [read post]
4 Jan 2016, 8:30 pm by Stephen Bilkis
Saito, 149 Misc.2d 342, 563 N.Y.S.2d 1019 (Crim.Ct.N.Y.Co.1990). [read post]
23 Apr 2017, 1:18 pm
Edelman, 40 N.Y.2d 781, 390 N.Y.S.2d 393, 358 N.E.2d 1019 (1976).In Pulka, Plaintiffs sued not only the driver who struck a pedestrian, but also the owners of a parking garage. [read post]
22 Dec 2009, 8:57 pm
., 383 U.S. 1, 17 (1966); Kinetic Concepts, 554 F.3d at 1019. [read post]