Search for: "Michael Cross"
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2 Sep, 2008 11:22 am
... 11:00 a.m. COMMONWEALTH OF KENTUCKY V. CARNEAL (2006-SC-653-DG) AND (CROSS MOTION) CARNEAL V. COMMONWEALTH OF KENTUCKY (2007-SC-203-DG)
"Criminal Law. RCr ... /16/2007 McCracken Circuit Court, Judge R. Jeffrey Hines For Movant/Cross-Respondent: David A. Smith For
Respondent/Cross Movant: David Hare Harshaw III and Timothy G. Arnold ... classmates and wounded five others is asking Kentucky's Supreme Court
for another chance. Michael Carneal, now 25, claims he was too mentally ill to plead guilty in 1998 ...
20 Mar, 2007 5:22 am
... class action allegations were deficient, and in August 2006 the trial court granted plaintiff leave to amend the cross-complaint to assert
the necessary allegations for a class action. Id. Progressive responded by removing the class action to ... that CAFA governed the class action complaint because under California's
"relation back" doctrine the "amended cross-complaint commenced a new action because it substantially changed the nature of the action from an
individual action to a representative [ ...
21 Nov, 2007 4:48 am
... 's my favorite part of the interview: CHARLES GIBSON: Is there a line he cannot cross, that he cannot cross, something that would go too far, where you might say to yourself, ... crossed the line. As a matter of fact, I don't think that, uh, he will
cross any lines. I think he truly is somebody who believes in democracy. And he made a decision, we ... yourself (uh, make that "your efforts
to advance democracy"), then you haven't crossed any lines, so long as you later release some of them. Wouldn't it ...
11 Aug 5:13 am
... for Summary Judgment in Class Action Challenging Infertility Treatment Benefits because California Law Requires only that Blue Cross
"Offer" such Coverage on Terms Negotiated with Employer, not that the Insurance Benefits Provide "Full" Coverage for Infertility ... Law (UCL) and false advertising; specifically, the
class action complaint alleged that California law required Blue Cross to offer to provide insurance coverage for infertility treatments, but
that it only offered "to pay up to $2,000 a ...
11 Aug, 2007 12:15 am
... does not say---and does not appear to deny either---is that the commercial entities to which ARC has licensed the red cross keep their
portion of the proceeds. Thus, on the merits, this appears to be a pretty clear-cut victory for J&J, ... Act (although perhaps it's too late for the ARC to make this argument). The
ARC could even argue that the red cross is not trademarkable because it is very nearly the flag of Switzerland. (The Lanham Act forbids
trademark protection for foreign flags.) This ...
9 Aug, 2007 2:04 pm
... thriller. Johnson & Johnson (J&J) is suing the American Red Cross (ARC) for trademark violations. The chronology is a little
complicated, but the lawsuit is very simple ... say so? Ironically, J&J's original claim on the red cross design mark probably stems from a
quirk in trademark law: at least before the most ... amp;J may have done just that: 1863: The International Committee of the Red Cross (ICRC)
is founded in Geneva, Switzerland, as a private humanitarian institution. 1887: The year J ...
14 Nov, 2006 4:12 am
... Appeals determined this was a collateral matter, and reversed and remanded for allowing such collateral and inflamatory cross examination.
This case was tried in Jefferson County before Judge Martin McDonald. IRELAND V. HODES, MD.TORTS: ... knowledge or ability to testify about Ireland's condition or Dr. Hodes' alleged
deviation from the standard of care. The improper cross-examination concerning the stipulation upon and surrendering of Dr. Winter's medical
licenses undoubtedly prejudiced the jury ...
24 Nov, 2007 10:04 am
... whether the court should enforce the fines levied by the trade union against its members for breaching its constitution by crossing a picket line to work during a legal
strike? Ultimately the Court concluded that: the fines imposed by the ... collect the fines imposed in the courts was not authorized by statute. the imposition of a fine on Union
members as discipline for crossing a picket line constituted the imposition of a penalty and not the happening of an event. The Court dismissed the Union' ...
7 May, 2007 6:55 am
... /2007 Utilizing Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), CA held Cross's right to a speedy trial was not
violated. Based on RCr 7.24, CA held that it was error for the Commonwealth to fail to disclose that Officer had test fired the gun and the results of that test. However,
Cross failed to demonstrate how discovery violation prejudiced his defense; therefore, no error. Finally, TC did not abuse its discretion in
striking potential jurors. ...
22 Aug, 2007 9:38 pm
... ran Ann Woolner's syndicated column on Johnson & Johnson's infringement dispute with the American Red Cross over ARC's rights to the
red cross. Ms. Woolner sided with Johnson & Johnson, concluding if the company "wants to keep what it claims as its 100-year old right to
use the mark commercially, it had to either negotiate a compromise or sue. The Red Cross left it with only that one option." On Aug. 19, law
blogger Marc Randazza wrote a long post about Nautica Apparel Inc.'s ...
25 May, 2008 12:54 pm
Almost a year ago, I blogged about an unusual trademark lawsuit, Johnson & Johnson Sues Red Cross, which I introduced as "a trademark
lawsuit today that sounds as if it wants to be a law school exam, or maybe the background noise for a legal thriller." Well, most of the case got decided this week and it didn't go well
for J&J: Judge Sides With Red Cross Over Trademark. Interestingly, the court relied most heavily on 18 U.S.C. § 706, which hadn't been part
of my first take on ...
22 Jan 7:34 am
... , D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY ...
granted 8/15/2007 and 10/24/2007 Franklin Circuit Court, Judge Roger Crittenden For Movant/Cross-Respondent (Louisville/Jefferson County Metro
Government): David A. Sexton For Respondent/Cross-Movant (TDC Group): Kenneth Sidney Handmaker and Kevin Lee Chlarson For Respondent (Alcoholic
Beverage Control Board): Henry Joseph Curtis and Matthew Scott Finley (Justice ...
10 Aug, 2007 1:00 am
[JURIST] Johnson & Johnson (J&J) [corporate website] filed a civil lawsuit Wednesday against the American Red Cross (ARC) [organization
website] alleging that the ARC has been improperly licensing the red cross symbol [J&J press release] for commercial purposes. ARC
President and CEO Mark W. Everson called the lawsuit "obscene" [ARC press release]. Johnson & Johnson, which has used the red
2 Apr 5:17 am
... violated RICO in that they "conspired to inflate profits by systematically denying, delaying, and diminishing payments due to them as physicians." Love v. Blue Cross & Blue Shield Ass'n, ___ F.Supp.2d ___ (S.D.Fla. March 26, 2009) [Slip Opn., at 1 ... that can easily be explained by a theory of rational
independent action." Id. Accordingly, the district court adopted the recommendation of the magistrate and dismissed the class action complaint. Id., at 3. Download PDF file of Love v.
Blue Cross
31 May 6:33 am
Well the day is almost here where Canadians and Americans will require passports, enhanced drivers license or a travel card such as a NEXUS or FAST card in order to cross the border. On June 1, presenting a birth certificate or a traditional drivers license to a customs officer will not be sufficient to cross . . .
10 Oct 1:34 pm
Commonwealth of Kentucky v. Michael Stone 2007-SC-000107-DG August 27, 2009 2007-SC-000576-DG August 27, 2009 Opinion by Justice Venters. All
sitting; all concur. After a trial with his four co-defendants, Stone was ... in instances like this, where the out-of-court statement is being used against a defendant other than the
declarant. The Court concluded that since Stone was not afforded an opportunity to cross-examine the declarant, the use of the statement
violated Stone's Sixth Amendment rights.
30 Oct, 2006 5:21 am
... ) [Slip Opn., at 2]. Following a bench trial, the court entered an $8.5 million judgment in favor of plaintiff, but denied prejudgment interest and attorney fees. Plaintiff appealed
the limitation on its award; defense attorneys cross-appealed from the underlying judgment. Id., at 1. The Appellate Court reversed the
underlying judgment, rendering plaintiff's appeal moot. The Appellate Court recognized the heavy burden that must be met to reverse a judgment for lack of evidence, acknowledging ...
21 Dec, 2006 6:06 am
Al Cross has a posting at his Rural Blog which comments on an Alabama story about retired judges being more talkative now that they are off the
bench. Here is his story with a link to the post. Please note you will have to scroll down the link's page to find this story. Of course, the freedom to speak should actually hinge on
retired versus retiring (unless no more cases to be heard or decisions to make):Retiring judges have looser tongues, can make news and commentary On the bench, judges are ...
31 Jan, 2007 5:00 am
On behalf of the ELS Blog Editors, it gives me great pleasure to welcome Frank Cross as a new permanent Editor. As many ELS folks already know,
Frank is a leading empirical legal scholar who holds appointments in Texas' law...
22 Apr, 2007 5:49 am
Only One Week Left To Sign Up to Save a Life! The annual Red Cross Spring Blood Drive will be held Friday, April 27, from 10 a.m. - 3 p.m., at
the Jefferson County Judicial Center, 700 W. Jefferson St. Double Red donations are available on this day. (To learn more about Double Red, visit our website, www.loubar.org.) The
office of the Louisville Metro Public Defender is the reigning champion and challenges all firms, groups and offices to top their record. To make an appointment or for facts ...
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