Civil procedure

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    Melfi v. Mount Sinai Hosp., 64 A.D.3d 26, 877 N.Y.S.2d 300 (2009) Facts: John Melfi is suing after his brother’s body was brought to a community college for embalming and then buried in a mass grave in Potter’s Field. On October 28, 2001, Leonard Mr. Melfi collapsed in his room at the Narragansett Hotel on the upper west side of Manhattan. EMS diagnosed Melfi with preliminary diagnosis of respiratory distress and transported him by ambulance to Mount Sinai Hospital. A patient registration form

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    Respondents have satisfied Md. Rule 2-402(b)’s pre-motion requirements sufficient to justify their initial failure to disclose electronically stored information. Specifically, promptly after receipt of 50NL’s subpoena, Avpro delivered its objections to the subpoena to 50NL indicating that: • “[Avpro] objects to the Subpoena to the extent it calls for information or documents that are not known or reasonably available to the Witness or whose collection and review unreasonably burdens the Witness

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    A court will likely find Petrograd’s claim against Coleman successful despite any statute of limitations concerns. Delaware’s adopted version of the UCC requires that “[a]n action for breach . . . must be commenced within 4 years after the cause of action has accrued.” Del. Code Ann. tit. 6 § 2-275 (LEXIS through 80 Laws 2016, ch. 430). Conversely, breach of promise situations not involving the UCC must adhere to the three-year statute of limitations as set forth in the state’s commercial code. Specifically

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    First, as reviewed in class there is a lot of paperwork that is involved in the court procedures. There are myriad rules, procedures, and deadlines that have to be met in order to practice law effectively in the system. The problem with a self-represented litigant has to do with the administrative and procedural errors committed. "A typical scene at a clerk 's office illustrates the kinds of demands that self-represented litigants place on court staff and resources compared to attorney-represented

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    Dealing with the unexpected loss of a family member is a difficult event for anyone to take. When that death is caused by a third party, it complicates the situation and amplifies the pain for those left behind due to the knowledge that the loss did not have to happen. In many cases, loved ones of the deceased are able to file a wrongful death lawsuit against whomever was responsible. While this does not by any means fill the emotional hole left behind in the person’s absence, a win in court does

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    Warleggen’s waiver is valid under public policy because it clearly, unambiguously, and unmistakably informed the Poldarks of what was being waived. The injuries sustained by the Poldarks are consistent with those injuries covered within the waiver they signed prior to spelunking. The waiver covers Mr. Poldark’s injuries within the “RISKS ASSOCIATED WITH THE SPELUNKING . . .” language of the text. A waiver must clearly, unambiguously, and unmistakably inform a signer of what is being waived. Atkins

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    Judicial Restraint

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    Sean Aguilar AC-1404178 CO8V - American Government Writing Assignment # 8 01/26/2015 Whitfield V. The United States The case that I identified for this paper, is - “WHITFIELD v. UNITED STATES.” This is a very interesting case because the whole case focused on a single term - “Accompany” and the extent to which this word can be used while dealing with legal matters. Claimant Whitfield, running away a messed up bank robbery, went into 79 - years old Mary Parnell’s house and steered a frightened

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    AIA Contract

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    In the instant matter, the 2007 settlement agreement reflects an intent to modify the prior AIA Contract, not to “fully extinguish” it. Or, in the words of Judge Wallace, the 2007 settlement agreement was merely “a narrowing of the universe of potential claims,” (E. 2283), but not an “extinguishment of the old contract.” Leisner, 252 Md. at 564. First, paragraphs nineteen (19) and twenty-two (22) of the 2007 settlement agreement expressly provide, this agreement shall not operate to release any

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    In your grievance filed at Huachuca Unit, you claim that you are not receiving indigent legal supplies on a monthly basis. You assert the lack of legal supplies impedes your right to legal access to the courts. You are requesting to receive legal supplies each month. Your grievance appeal has been reviewed at Central Office and the Deputy Bureau Administrator's response is affirmed. Pursuant to DEPARTMENT ORDER 902 INMATE LEGAL ACCESS TO THE COURTS 902.09 LEGAL SUPPLIES 1.2 Inmates shall be provided

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    STATEMENT OF FACTS The client, Mr. Andy Dwyer (“Dwyer”), wishes to bring a wrongful death claim on behalf of his sister, Ms. Kelly Erin Hannon (“Hannon”). Hannon is a deceased employee of Colonial Charm Garden Apartments (“Colonial Charm”). Hannon died after being stabbed during an attempted robbery of Colonial Charm. Dwyer claims Colonial Charm should have known of the increased criminal activity in the area and that Colonial Charm was negligent in failing to provide extra security patrols for

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