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Fourth Department — Lead-Paint Litigation — Burden of Proof: McDonald v. Farina
Appellate Division, Fourth Department Lead-Paint Litigation — Burden of Proof Summary Judgment — Scienter McDonald v. Farina CA 13-02098 Appealed from Supreme Court, Niagara County Background: The plaintiffs commenced an […]
Patent ruling leaves lingering questions on burden of proof
WASHINGTON — The U.S. Supreme Court’s ruling in Medtronic, Inc. v. Mirowski Family Ventures, LLC No. 12-1128, clarified the burden shifting framework for certain types of claims stemming from patent […]
Court of Appeals — Burden of Proof: Wild et al. v. Catholic Health System et al.
New York State Court of Appeals Burden of Proof Loss-of-Chance Theory of Liability Wild et al. v. Catholic Health System et al. No. 97 Memorandum Background: The defendants challenged a jury verdict […]
Judges can’t instruct juries on the burden of proof
Legislative changes made in 1996, expanding what may be included on a jury verdict sheet, do not allow instructing a jury on the burden of proof, the New York Court […]
Fourth Department — Neglect Proceedings: In the Matter of Alexis H.
Appellate Division, Fourth Department Neglect Proceedings Burden of Proof In the Matter of Alexis H. CAF 10-02304 Appealed from Family Court, Onondaga County Background: The respondent mother appealed from an […]
Motion for Summary Judgment: Martin-Smith v. Wilson Commencement Park
U.S. District Court, WDNY Motion for Summary Judgment Burden of Proof Martin-Smith v. Wilson Commencement Park 10-cv-06610 Judge Telesca Background: The plaintiff brought an action against her former employer alleging […]
Intoxication: People v. Schulman
Justice Court of Parma, Monroe County Intoxication Burden of Proof People v. Schulman 11010089 Justice Sciortino Background: The defendant had been charged with driving while intoxicated, refusal of the breathalyzer […]
Civil Commitment: State of New York v. High
Appellate Division, Fourth Department Civil Commitment Burden of Proof State of New York v. High CA 09-01153 Background: A man was adjudicated a dangerous sex offender requiring civil commitment under […]
Negligence: Anderson v. Great Eastern Mall LP
Appellate Division, Fourth Department Negligence Constructive Notice — Burden of Proof Anderson v. Great Eastern Mall LP 635 Appealed from Supreme Court, Monroe County Background: The plaintiff seeks damages for […]
Case Digests
- Second Circuit – Long-arm jurisdiction: Northwell Health Inc. v. Group Hospitalization and Medical Services Inc.
- Fourth Department – Motor vehicle accident: Thurston v. Howard
- Western District Case Notes
- Fourth Department – Disclosure: People v. Smith
- Second Circuit – Petition for bail: Fulton v. Mullin
- Fourth Department – Breach of lease agreement: Three Buds, LLC v. NCTBP Calabrese LLC
- Second Circuit – Expert testimony: Rutledge v. Walgreen Co.; Phippen v. Walgreen Co.
- Second Circuit – Congestion pricing: County of Rockland v. Triborough Bridge & Tunnel Auth.
- Fourth Department – Apartment search: People v. Shaw
- Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital
- Fourth Department – Waiver of indictment: People v. Schindler
Law News
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case
- NY appeals court reinstates slip-and-fall lawsuit
- Charter Communications must pay penalty for retaliation against employee
- Webster resident named to lead national court reporter group
- NY appeals court affirms rape conviction, rejects speedy trial claim
- Telesca Center for Justice gets $90,000 in state funding
- Trevett Cristo P.C. celebrates 100th anniversary