Search for: "All Defendants"
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17 Dec, 2008 8:07 am
... controlled [the third defendant] with regard to certain of the accused websites. Moreover, discovery requests were directed at all
defendants, and regardless of whether [two defendants] were involved in the spoliation of the source
code, all defendants had an obligation ... - who were represented by the same counsel - had a duty to
candidly inform plaintiffs and the Court regarding defendants' compliance with discovery obligations and discovery orders." Keithley v. The
Home Store.Com, Inc., 3-03-cv ...
1 Apr 7:08 am
... in scheme to defraud mortgage lenders in violation of 18 U.S.C. § 1343. HELD: Joinder of defendant's trial with multiple co-defendants was proper where there were a number of common threads and much common evidence connecting offenses charged in ... charged is of no consequence.
Rule 8(b) of the Federal Rules of Criminal Procedure, governing joinder, provides that not all defendants need be charged in each count. Accordingly, joinder in non-conspiracy cases is not conditioned on all
defendants being ...
4 Jun, 2008 4:32 pm
Two weeks ago Judge Folsom issued orders on the defendants' motions for stay pending reexamination in the Premier v. HP and Premier v.
Microsoft cases. (2:07cv 395 ... 396 - docket no's 104 and 234 respectively) granting the motions conditioned on the defendants signing a
stipulation "so that neither side will be prejudiced by the other side getting "two bites at the apple."" Today Judge Folsom noted that all
defendants in both cases accepted the stipulation, and accordingly stayed both cases, and ...
16 Aug, 2007 11:37 am
ALL DEFENDANTS GUILTY ON ALL COUNTS. Our exclusive
correspondent David O Markus, who we have placed in the courtroom at great personal expense, (based on his hourly rates) reports a clean sweep for the government. This has got to be a
bit of a surprise as many observers reported a weak prosecution case and powerful closing arguments for the Defendants. However one should not
discount the spectre of terrorism and 9/11 which cast a large shadow on this trial. Was justice done? For ...
31 Jul, 2007 2:11 pm
The wrongful death case brought by the Handcock family stemming from the car accident wherein Josh Hancock was killed has been dismissed without prejudice against all Defendants. PLEASE REFER BACK TO PREVIOUS POST - Missouri Wrongful Death Claimed by the Estate of Deceased
Cardinal's Pitcher Josh Hancock - Frivilouis Lawsuit? FOX 2 ST LOUIS NEWS BROADCAST OF DISMISSAL
30 Sep, 2008 11:06 am
... and revealing Judge Manning's damages award. Plaintiff-Appellant WMS Gaming ("WMS") alleged that defendants (collectively "PartyGaming")
infringed its JACKPOT PARTY and SUPER JACKPOT PARTY marks. Defendants chose ... during the relevant period. The Court, however, held that WMS
was entitled to damages, not an equitable accounting of all of defendants revenues and awarded
approximately $900K per year, or $2.7M total. As an initial matter, the Seventh Circuit held that Fed. R. Civ. P. 54(c) requires ...
Listen Now:
7 Jun, 2007 4:39 am
[JURIST] An Italian jury acquitted all five defendants accused of murdering banker Roberto Calvi [BBC
profile] Wednesday after almost two days of deliberation. Italian prosecutors have not yet decided whether to appeal the acquittal. Calvi, who was found hung under London's Blackfriars
Bridge in June 1982, was known as "God's Banker" for his financial ties to the Vatican. Calvi's death, which
26 Dec, 2007 11:18 am
... was Pagán v. Calderón, 448 F.3d 16, 37 (1st Cir. 2006) (our coverage here) . The First says, "Given the holding in Pagán, dismissal on remand by the District Court of appellant
ARCAM Pharmaceutical Corporation's ("ARCAM") claims was inevitable." The First says that its earlier decision applies to the other defendants.
Besides the substantive claims, there is some discussion of what constitutes "dicta." But, of course, we know that a Court of Appeals will consider whatever it wants to be dicta.
27 Oct, 2004 11:40 am
[JURIST] The judge presiding over the trial of four former Merrill Lynch bankers and two Enron executives Wednesday ruled that jurors could only hear the salaries of three of the
Merrill Lynch defendants. Prosecutors had argued that jurors should be allowed to see the salaries, including that of one former Merrill Lynch
executive who earned $10 million in 1999, but District Judge Ewing Werlein
16 Aug, 2007 7:35 am
Padilla guilty on all counts.
20 Feb 8:02 am
After three men were acquitted in the Anna Politkovskaya murder case, law enforcement has begun a new investigation. One man believed to be involved, Rustam Makhmudov has still not been
brought to trial. Read more here.
21 Sep 11:34 am
... one that ought reasonably to have been accepted by MPS. Despite the fact that the Offer Under 37 was addressed to all defendants, it was evident at the time that MPS was the party facing the greatest risk of liability to Ms. Towson. When the ... , and the court should
consider the "relative financial circumstances of the parties" without considering the insurance benefits available to the defendant. Here, however, there was no evidence
concerning the insurance benefits available to Ms. Chan and Mr. ...
7 Dec, 2006 5:13 am
... .Ed. 60 (1872). Frow is the leading case on the subject of the availability of default judgment in actions involving multiple defendants. .
. . . . .Here, this court acted in accordance with Frowby waiting to address the issue of default judgment against [non-answering ... a judgment on the merits must be set aside only
when liability is truly joint--that is, when the theory of recovery requires that all defendants be
found liable if any one of them is liable--and when the relief sought can only be ...
18 Aug, 2008 4:00 am
... in obtaining a court-appointed or private lawyer. She said she feels no discomfort, because she offers all defendants the same guilty plea offers, whether or not represented by a lawyer. Assuming the truth of her assertion, for ... is green or about whom the
prosecutor knows nothing)? Negotiations are about hedgebetting. Prosecutors have fewer bets to hedge with unrepresented defendants, whom, by
definition, are on weaker ground than if they had a qualified lawyer. A case in point came recently ...
21 Oct, 2008 3:03 am
... . While conceding that they had no constitutional right to a plea bargain, the defendants content the "package plea deal" conditioned upon
all defendants agreeing to the plea bargain was arbitrary and left the decision of whether they ...
defendants a plea bargain, Metten and Campbell are not entitled to relief because of their codefendants' refusal of this "all for one deal". As to the question of whether the prosecution has the burden of proving the operability of a firearm in order to enhance ...
3 Apr, 2007 1:16 am
... a new suit for purposes of CAFA; and (2) if so, did the new suit, by retroactive effect, "commence" as to all defendants, or only as to Alabama Power and Filler Products. . . . In Braud, the Fifth Circuit had earlier explained that the date upon ... Pac. R.R., 425
F.3d 330 (7th Cir.2005), the Fifth Circuit in Braud held that "as to the new defendant, removability is determined as of the date of receipt of service of the amended complaint,
not as of the date on which the original suit was filed in ...
5 Feb 4:17 am
... against Shell Oil, Equilon and Tesoro alleging various labor law violations; the class action complaint asserted that defendants failed to
provide employees with meal or rest periods, failed to provide proper wage statements, and failed to timely ... rights to removal in class actions and expressly states that class
actions "may be removed by any defendant without the consent of all defendants." Id. (citation
omitted). The Ninth Circuit cited with approval an Eleventh Circuit opinion that held it ...
5 Nov 2:21 pm
... because they did not receive copies of the preservation letters. The court found that Lane was acting as counsel for all defendants at the time he received copies of the preservation letters and that the deputies therefore "received their ... that the laptop contained evidence
"detrimental to the SCSO's defense" as well as to that of the deputy who used the laptop. For "Defendants' blatant disregard of their
obligation to preserve electronic information" as evidenced by their deletion of emails ...
21 Nov, 2008 11:30 am
... , they should remember this: bridges and roads and trains and buildings are all important, but so are drug and alcohol treatment programs,
shelter and ... money for their prisons and their marijuana eradication programs, but public defender offices will continue to face rising caseloads and declining budgets. In any
states ... ? Finally getting real, the editorial says: Ultimately, government must take responsibility. All defendants, rich or poor, have the right to competent legal counsel. Exactly. If ...
8 Nov, 2006 6:20 am
... And, in what I think was a first, the defense team was allowed to present a character witness for the company itself. Had the case continued as to all defendants, the defense team had made the decision that not all of the
defendants ... primarily because of language problems. Nonetheless, in an environmental crimes case, a lot of the times one or more of the
defendants (or the company representative) presents well. This is a striking difference to the typical street crime scenario. Regardless, it is
...
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