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19 Feb 2018, 12:00 am
Sovereign Immunity, Absolute Immunity, Qualified Immunity, Use Immunity, Transaction Immunity and Qualified Privilege claims that may be advanced by public officers and employees involved in litigation and, or, administrative hearingsBelow is an example of the material posted on NYPPL. [read post]
23 Jun 2022, 11:16 am
In fact, N.J.S.A. 14A:12-7(8) expressly authorizes a court, “[u]pon motion of the corporation or any shareholder who is a party to theproceeding,” to judicially order a sale of the corporation’s stock held by any shareholder who is party to the litigation if the court determines that “would be fair and equitable to all parties under all of the circumstances of the case. [read post]
20 Jun 2012, 7:08 am
Rossi, supra.In reviewing the trial judge’s decision, the Court of Appeals noted that[t]rial courts have the inherent power necessary to grant a new trial based on newly-discovered evidence, pursuant to [Ohio Rule of Criminal Procedure] 33. [read post]
4 Jul 2011, 10:15 am
Wikipedia’s entry on state constitutions explains that the Tenth Amendment to the United States, part of the Bill of Rights, provides that `The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [read post]
13 Sep 2023, 1:54 pm
Cl. 167 (2022), the COFC took jurisdiction over a protest involving an OTA prototype award for Aviation Ground Power Unit prototypes used to service military helicopters where it found that the award could lead to a potential follow-on procurement contract. [read post]
30 Mar 2020, 12:53 am
Wachs complained to no avail that the arbitrator had exceeded his powers when he found that there existed internal dissension; that dissolution would be beneficial to the shareholders under the deadlock dissolution statute; and that his finding could serve as a basis for either 50% shareholder to petition the court to award such relief. [read post]
3 Mar 2010, 3:31 pm
While the Nexus One may be the first Android phone with a processor powerful enough to crunch the visual awesomeness that is Google Earth, such applications will still chug along on even the best of today’s 3G wireless networks. [read post]
10 Nov 2022, 4:18 pm
The Court reasoned that the term may in G.S. 15A-932(d) grants exclusive power to the district attorney to reinstate charges – or to decline to do so — in his or her discretion. [read post]
16 Apr 2020, 6:56 am
”TRR takes possession of all goods sold, and “[u]pon receipt, ... evaluate[s] each item ... to determine, in its sole discretion, its authenticity, quality, and value. [read post]
7 Aug 2015, 6:10 am
The judge then outlined the applicable legal standard he was required to apply in ruling on the Motion for Sanction of Dismissal:District courts possess an inherent power to dismiss cases where `a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings. [read post]
[Eugene Volokh] Court Allows U.S. Prosecution for American's North Korea Speech About Cryptocurrency
28 Jan 2021, 3:09 pm
[U]pon review of the law governing the offense conduct, the indictment states a federal crime and violates no constitutional prohibition…. [read post]
26 Nov 2022, 6:52 am
Specifically, the entire American legal system is based on “due process” Due process is “the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. [read post]
28 Oct 2011, 2:18 pm
“[U]pon return of the remittitur to the trial court after the first direct appeal, the only action which that court had authority or power to take was to make the judgment of the Court of Appeals the judgment of the trial court. [read post]
14 Jun 2009, 1:07 am
"They may be terminated "[u]pon the discovery of any information or the occurrence of any event of a nature which raises questions about the practitioner's professional qualifications or ability to exercise any or all of the temporary privileges granted. [read post]
10 Jan 2012, 12:16 pm
“[U]pon return of the remittitur to the trial court after the first direct appeal, the only action which that court had authority or power to take was to make the judgment of the Court of Appeals the judgment of the trial court. [read post]
26 Mar 2012, 4:00 am
Here's what the court said: [U]pon our review of the record, in view of the conflicting testimony and documentation presented by the parties — reflecting two completely divergent explanations of the facts — resolution of the issue of standing depends, in large part, upon credibility determinations. [read post]
30 Apr 2020, 5:01 am
[We've filed a friend-of-the-court brief asking the Tennessee Supreme Court to review the case.] [read post]
17 Jul 2018, 9:21 am
The first touch on issues of control; markets might theoretically shift power down to the masses who make choices. [read post]
16 Sep 2008, 8:12 pm
We find, as a matter of law, that S cannot waive the public policybased requirement of KRS 199.520(2) that "[u]pon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated[.] [read post]
18 Feb 2022, 8:28 am
Using related authorities provided by the International Emergency Economic Powers Act (“IEEPA”), it responds by directing U.S. financial institutions holding DAB assets around the country to transfer those assets into a single consolidated account at the FRBNY and then blocks any further transactions involving those assets absent a license from the executive branch. [read post]
