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26 Oct 2020, 3:40 am by Peter Mahler
Thanks to a ruling this month by the Brooklyn-based Appellate Division, Second Department, in Garcia v Garcia, we can now welcome a third category of expulsion case, which we’ll dub cases involving a “naked” expulsion clause. [read post]
1 Oct 2020, 6:03 am by John Bellinger, Sean Mirski
Cueto and Havana Docks both involved defendants who allegedly used plaintiffs’ property directly—Pernod, by using Conac Cueto’s assets in its distribution network; and Norwegian, by docking its cruise ships at Havana Docks’s property. [read post]
26 Sep 2020, 12:59 pm by Matt Cooper
Secretary of State solidified that voters will use the ranked-choice method for November’s Presidential election. [read post]
14 Sep 2020, 6:13 am by New York Civil Law
The hospital in Barry v Lee allowed for the use of tPA, and there was an inference from defendant Dr. [read post]
16 Aug 2020, 5:51 am by Matt Gluck, Tia Sewell
Court of Appeals for the Ninth Circuit recently declined to rehear en banc Fazaga v. [read post]
2 Jul 2020, 4:30 am by Josh Blackman
Chief Justice Roberts, still haunted by the ghost of Lochner, may be trending towards Garcia v. [read post]
30 Jun 2020, 4:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit.The Circuit Court reversed the lower court's decision, explaining that the evidence before the jury allowed it to reasonably conclude that Plaintiff was no longer resisting arrest and was not a safety threat to the officers, or others, at the time of Officer A used the taser against him a second time.Citing Garcia v. [read post]
30 Jun 2020, 12:00 am by Public Employment Law Press
Circuit Court of Appeals, Second Circuit.The Circuit Court reversed the lower court's decision, explaining that the evidence before the jury allowed it to reasonably conclude that Plaintiff was no longer resisting arrest and was not a safety threat to the officers, or others, at the time of Officer A used the taser against him a second time.Citing Garcia v. [read post]