Supreme Court of the State of New York Appellate Division: Second Judicial Department D28449 H/prt Argued - October 2, 2009 AD3d REINALDO E. RIVERA, J.P. RANDALL T. ENG CHERYL E. CHAMBERS L. PRISCILLA HALL, JJ. 2008-04626 Emigrant Mortgage Company, Inc., respondent, v Gregory Karpinski, appellant. (Index No. 12722/07) DECISION & ORDER ON MOTION Motion by the plaintiff, Emigrant Mortgage Company, Inc., for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated
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Nolan, saw Ricky Landis running toward the pool and realized immediately after the impact what had happened, but viewed the impact while underwater; and though they share an emotional bond, Arnett and Nolan are not biologically or legally related? Brief Answer Probably not. In Pennsylvania, a claim for NIED by a plaintiff who witnessed the negligently inflicted injury of a third person requires that the plaintiff: (1) was located near the scene of the accident; (2) suffered emotional shock from
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Skinner v. Oklahoma 1. Skinner v. Oklahoma, 316 U.S. 535 (1942) This case touches a sensitive and important area of human rights. Oklahoma deprives certain individuals of a right that is basic to the perpetuation of a race-the right to have offspring. Oklahoma has decreed the enforcement of its law against petitioner, overruling his claim that it violated the Fourteenth Amendment. Because that decision raised grave and substantial constitutional questions, we granted the petition for certiorari
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GOVERNMENT OF INDIA LAW COMMISSION OF INDIA L. Chandra Kumar be revisited by Larger Bench of Supreme Court Report No. 215 December 2008 LAW COMMISSION OF INDIA (REPORT NO. 215) L. Chandra Kumar be revisited by Larger Bench of Supreme Court Presented to Dr H. R. Bhardwaj, Union Minister for Law and Justice, Ministry of Law and Justice, Government of India by Dr Justice AR. Lakshmanan, Chairman, Law Commission of India, on 17th day of December, 2008. 2 The 18th Law Commission was constituted
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In the last few years more business are saying that they had to create some type of strategic plan to reduce the workforce in there company. The cause of reduction can be because of overstaff, slow sales, slow production which leads to lay off or termination. When this type of decisions is made if effect the Human Resource at the company. When making a decision to have a reduction in the workforce by terminating employees you have to be mindful you do not violate employment laws. The Civil Rights
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INTRODUCTION Judicial review is the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution)[1] as it was seen in the recent case of Nigel Kalonde Mutuna and Charles Kajimanga, where the two High Court Judges applied for leave for Judicial Review in respect
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[G.R. No. 132266. December 21, 1999] CASTILEX INDUSTRIAL CORPORATION, petitioner, vs. VICENTE VASQUEZ, JR. and LUISA SO VASQUEZ, and CEBU DOCTORS HOSPITAL, INC., respondents. The pivotal issue in this petition is whether an employer may be held vicariously liable for the death resulting from the negligent operation by a managerial employee of a company-issued vehicle. The antecedents, as succinctly summarized by the Court of Appeals, are as follows: On 28 August 1988, at around 1:30 to 2:00 in
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Chapter I INTRODUCTION Background of the Study Conflicts among inhabitants of a community is inevitable and the necessity of establishing a formal institution such as trial courts or courts of justice, to address conflict resolution is indispensible. The establishment of this formal institutions is based on the social contract theory wherein the government is duty bound to maintain order in a community and to protect and enforce the fundamental rights of its inhabitants in exchange for the
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and Insolvency Act of 2010 [A DLDTE LAW CLIENT PAPER] Ronald B. Dime 2010 2/F MIDWAY COURT BLDG., 241 EDSA MAND. CITY, PHILS. Corporate Rescue and the New Financial Rehabilitation and Insolvency Act of 2010 I. INTRODUCTION: A BRIEF HISTORY 2010 For a long time, a distressed corporation in the Philippines had no other real recourse than to commit legal seppuku, whether or not its financial condition was due to the fundamental unsoundness of its business or merely a temporary
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G.R. No. 118305 February 12, 1998 AYALA INVESTMENT & DEVELOPMENT CORP. and ABELARDO MAGSAJO, petitioners, vs. COURT OF APPEALS and SPOUSES ALFREDO & ENCARNACION CHING, respondents. MARTINEZ, J.: Under Article 161 of the Civil Code, what debts and obligations contracted by the husband alone are considered "for the benefit of the conjugal partnership" which are chargeable against the conjugal partnership? Is a surety agreement or an accommodation contract entered into by the husband in favor
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