Search for: "State Ex Rel. Allen v. Martin" Results 1 - 9 of 9
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27 Aug 2023, 3:56 pm by Andrew Warren
” Although the test’s threshold is viewed as relatively low, not all cases justify removal, and where the state opposes removal and offers persuasive reasons for why Mesa is not satisfied, the burden is very much on the removing party to provide specific reasons as to why the test is met.[6] The Mesa test remains good law and applies to all removals under section 1442.[7] “Although the statute is ‘liberally construed’… the Supreme Court has… [read post]
13 Aug 2021, 4:00 am by Jim Sedor
Howell raised questions about why some defendants were being permitted to resolve their criminal cases by pleading guilty to a misdemeanor and why the amount of money prosecutors are seeking to recover through those plea deals was based on a relatively paltry estimate of about $1.5 million in damages caused by the rioters. [read post]
6 Jul 2007, 4:29 am
We've already deplored the recent decision of the West Virginia Supreme Court rejecting the learned intermediary rule outright, State ex rel. [read post]