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4 May 2022, 4:22 am by Andrew Lavoott Bluestone
Accordingly, the Supreme Court properly granted that branch of the DiPreta defendants’ motion which was pursuant to CPLR 3211(a)(7) to dismiss the cause of action alleging violation of Judiciary Law § 487 insofar as asserted against them by Charles (see Smallwood v Lupoli, 107 AD3d 782, 784; Crown Assoc., Inc. v Zot, LLC, 83 AD3d 765, 768; Oakes v Muka, 56 AD3d at 1058). [read post]
28 Jul 2021, 8:49 am by CMS
HMRC’s contention was that Mr Haworth’s arrangements, as described above, were, in all material respects the same as those used by the taxpayer in HM Revenue and Customs v Smallwood & Anor [2010] EWCA Civ 778 (“Smallwood”), where it was decided that the “place of effective management” of the trust in question was the UK at the time of the disposal in question, and therefore the gain was subject to UK capital gains tax. [read post]
2 Jul 2021, 2:00 am by Matrix Legal Support Service
., that “the principles laid down or reasoning given in Smallwood v Revenue and Customs Commissioners [2010] EWCA Civ 778 (“Smallwood”)  would, if applied to [Mr Haworth’s] arrangements, deny the asserted advantage” (“Issue 1”); and second, whether HMRC misdirected themselves in their analysis of Smallwood and whether this made a difference to HMRC’s decision to issue the follower notice… [read post]
1 Jul 2021, 12:18 pm by Christiana Wayne
The Supreme Court upheld Arizona voting restrictions in Brnovich v. [read post]
19 Apr 2021, 1:00 am by Matrix Legal Support Service
Second, whether in the present case HMRC had overstated the significance of Hughes LJ’s judgment in Smallwood v Revenue and Customs Commissioners [2010] EWCA Civ 778, [2010] STC 2045. [read post]
22 Jul 2020, 6:22 am by Daily Record Staff
Torts — Wrongful death — Proximate cause A hit-and-run driver, who was being chased at high speed by police from Baltimore County into a commercial and residential area of Baltimore City, crashed into another car and caused it to jump the curb and strike 17-month-old Jeremiah Perry, who was waiting in a stroller at a ... [read post]
6 Dec 2019, 9:15 am by Daily Record Staff
Smallwood, contends that the Circuit Court for Baltimore City erred in sentencing him to life in prison. [read post]
28 Aug 2019, 4:44 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112 [2016]; Wiggins… [read post]
4 Jun 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772 [2017]; see Dorce v Gluck, 140 AD3d 1111, 1112 [2016]; Wiggins… [read post]
31 Jan 2019, 4:17 am by Andrew Lavoott Bluestone
The plaintiff’s allegations of “intentional harm,” which the Supreme Court properly interpreted as stating a cause of action alleging prima facie tort, were unsupported by facts demonstrating that the defendants acted with “malicious intent or disinterested malevolence” in the prior action (Ahmed Elkoulily, M.D., P.C. v New York State Catholic Healthplan, Inc., 153 AD3d 768, 772; see Dorce v Gluck, 140 AD3d 1111, 1112; Wiggins & Kopko,… [read post]
30 Mar 2017, 8:00 am by Orin Kerr
Ct. 2473 (2014) (requiring warrant to search cell phone seized incident to arrest); Smallwood, 113 So. 3d 724 (requiring warrant to search cell phone in search incident to arrest); State v. [read post]
3 Mar 2017, 9:30 pm by Dan Ernst
The blog of the Historical Society of the Courts of the State of New York profiles Charlotte Smallwood-Cook, the first woman District Attorney in New York State. [read post]