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13 Sep 2007, 10:48 am
See International Union of Operating Engineers Local No. 68 Welfare Fund v. [read post]
15 Jun 2007, 3:12 pm
State Bar, 52 Cal. 2d 310, 320 (1959); Brockway v. [read post]
28 Oct 2014, 1:30 pm by Maureen Johnston
Fink 14-281Issue: Whether a state's reduction of medical benefits to some categories of legal aliens but not others, conducted within the discretion afforded to the states by Congress under the cooperative Medicaid program, is subject only to rational-basis review when it is challenged as a denial of equal protection. [read post]
25 Oct 2012, 3:14 am by Andrew Lavoott Bluestone
Under 22 NYCRR 202.27, a court may dismiss an action when a plaintiff is unprepared to proceed to trial at the call of the calendar (see Fink v Antell, 19 AD3d 215; Johnson v Brooklyn Hosp. [read post]
10 Mar 2023, 6:05 am by W. Casey Biggerstaff
While critics have branded the de facto blockade as illegal, they did so because Russia’s actions failed to satisfy all the requirements for imposing a lawful blockade (authority, notification, effectiveness, impartiality, limited scope; see Commander’s Handbook, 7.7.2), not because the operation was unavailable to Russia as a matter of law as an aggressor-State (see Kraska at 553-54; Fink). [read post]
25 Jul 2019, 3:00 am by John Jenkins
There’s a great quote from the 5th Circuit’s 1981 decision in Huddleston v. [read post]
19 Mar 2019, 4:05 am by Andrew Lavoott Bluestone
Aronson, Mayesfsky & Sloan, LLP, 168 AD3d 70, 75-76 [1st Dept 2018]; Harvey v Greenberg, 82 AD3d 683, 683 [1st Dept 2011]; Katebi v Fink, 51 AD3d 424, 425 [1st Dept 2008]). [read post]