What is the current state of the law on the rational basis of personal injury claims?
MultiRegion, United States of America
The following excerpt is from Spavone v. N.Y. State Dep't of Corr. Servs., No. 11-617 (2nd Cir. 2013):
F.2d 1266, 1268-69 (7th Cir. 1990). This is consistent with our previous treatment of such claims. See Benjamin v. Jacobson, 172 F.3d 144, 165 (2d Cir. 1999) (en banc) (applying traditional rational basis review).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
How have courts dealt with personal injury claims in personal injury cases? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
What is the state's position on personal injury law in the context of personal injury cases? (MultiRegion, United States of America)
How do you deal with a claim of personal injury in a personal injury case? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Does a probation officer preparing a sentencing report for a state court judge have absolute judicial immunity from a personal injury claim brought under section 1983 of the Criminal Code? (MultiRegion, United States of America)
What is the current state of the law on "assumption of risk" in a personal injury case? (MultiRegion, United States of America)
What is the current state of the law on abuse of discretion in closing arguments in a personal injury case? (MultiRegion, United States of America)
