Search for: "Sealed Defendant"
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28 Aug, 2008 4:10 am
SEALED PLAINTIFF, v. SEALED DEFENDANT #1, et al, USCA
Second Circuit, Docket #06-1590-cv, decided: August 12, 2008 The district court dismissed the "Sealed Plaintiff's complaint sua sponte after
she failed to file an amended complaint in her actual name rather...
28 Jul 4:41 pm
... McCarthy. » Seal product ban will withstand WTO challenge: EU The European Union said Tuesday it will defend its ban on seal products based on scientific
evidence and legislative guidelines that should withstand Canada's challenge of the ... Day says Canada will go to the World Trade Organization to appeal a decision by the European
Union banning imports of seal products. » Department of Foreign Affairs and International Trade - Canada Requests that the European Union Reconsider Seal Products Trade
...
16 Sep, 2008 11:07 am
Patent Appeal Tracer has run a provocative series of posts discussing the process for and practice of sealing documents in the Eastern District of Texas cases, focused of course
on patent disputes. The first post details the procedures as they ... agencies appearing in significant cases to advocate unsealing documents and court proceedings): Sometimes both the
plaintiff and defendant share an interest in minimizing public exposure. (or at least believe it's in their interest; I would argue that a ...
13 Aug, 2007 10:30 am
... to protect against the disclosure of privileged information. However, the Court acknowledged that a trial court is not "'bound by defendant's naked claim of confidentiality'" and they must carefully weigh the competing concerns of a defendant's
... information against opposing counsel's right to effectively challenge the discovery motion. To that end, when a defendant wishes to file a
Pitchess affidavit under seal the Court outlined a procedure which should be followed. First, defendant's counsel ...
29 Jun 7:40 am
In the multidistrict product liability litigation over "Stand 'n Seal," a federal judge is allowing, over plaintiffs' objections, testimony from the defendants' causation
experts. Judge Thomas W. Thrash of the U.S. District ... the plaintiffs' injuries affect the weight, not the admissibility, of the expert testimony." MassTortDefense notes that
plaintiffs often forget that the defendant does not have the burden to disprove causation. So defense evidence of alternative causes can be
admissible even ...
1 Dec, 2008 2:58 am
... ) or Florida Sealing A request for a certificate of eligibility for a Florida expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, ... to minor; Computer pornography; Selling or
buying of minors; Sexual misconduct with mentally deficient or mentally ill defendant and related offenses A violation of any offense qualify
for registration as a sexual predator under s.775.21 ...
26 Apr 11:01 pm
Guest contributor Megan Logsdon, Esq., writes: Should a judge seal portions of a defendant's sentencing memorandum that paint a
co-defendant as a wife-abuser? No, WDNY Judge Larimer, holds in United States v. ... as well as private letters from Nicolo to Roeder, which
apparently demonstrated the disintegration of the relationship. Judge Larimer concluded that sealing the memorandum would unfairly disadvantage Nicolo, pointing out that Roeder
undoubtedly wanted to prevent Nicolo from gaining access ...
15 Mar 3:05 pm
... criminal record sealed if the judge withholds adjudication for the crime. If, in the alternative, the judge adjudicates the defendant guilty, Florida law says that record cannot be sealed. As a result, for anyone who has been arrested and
charged with a crime in Florida and who may want that criminal record sealed, it is important to discuss the difference between a withhold of
adjudication and an adjudication of guilt with the criminal defense lawyer prior to entering ...
24 Jun 9:05 pm
... and strategy in the state jurisdictions where I practice: Where I practice -- absent any statutory benefits for youths -- expungement and sealing is not available without no
prosecution action, a dismissal, an acquittal, or, in Maryland, a stet disposition or probation before judgment. ... __ Va. _ (June 4, 2009). - In federal court, any sealing
eligibility is very limited. Criminal defendants need to know that expunging and sealing does not prevent police, prosecutors, or judges from knowing about ...
17 Aug 5:03 am
... In 2009, a law was passed as part of Rockefeller Drug Law Reform to provide conditional sealing of first-time drug offenses for defendants who complete a diversion
program and up to three drug related misdemeanor convictions. Defendants ... not considered criminal convictions, and most (with the exception of certain violation-level
convictions for loitering or DWI) may be sealed at the state level. Records relating to the underlying arrest (fingerprints, arrest photo,
etc.) are sealed or destroyed, ...
8 Feb, 2006 11:35 pm
... until the date the registration issues. Petitioner Teledyne had trouble at take-off when it failed to introduce its GOLD SEAL trademark registration into evidence. It
attached a photocopy of the registration to its petition for cancellation, but it failed to submit a ... its development of valuable business and good will around its GOLD SEAL
mark during the time petitioner raised no objection." "economic prejudice to the defendant may ensue whether or not the plaintiff overtly
lulled the defendant ...
18 Jun 7:27 am
... Action No. 09-CV-277, Senior Judge Wiseman ruled that the failure of the relator's lawyer to file a motion to seal - which resulted in the public docketing of the case -
required dismissal of the case entirely. According to the court's opinion, ... , but that motion was denied because the lawyer failed to include an explanation for why the case needed
to be filed under seal. The defendant subsequently learned of the case, and filed the motion to dismiss, which the court granted. The
False Claims Act ...
27 Apr 7:23 am
... motion. The transcript of that conference is also sealed. Notification that plaintiff's brief for class action certification has been
sealed Defendant's brief in support of motion for judgment on the pleadings [Ed. note. Very strange
goings-on. Don't ask me what it means; everything significant has been "sealed". Question: are we still in the United States? -R.B.] *-->*
Document published online at Internet Law & Regulation--> ...
15 Jul 4:43 pm
... Court concluded that Michigan's felony murder statute "requires only proof that the murder occurred during the commission of a specified felony. There is no additional requirement
that the defendant be charged and convicted of the underlying felony." (emphasis in original) Fourth, the Court rejected Nicholas
Seals's arguments that they were denied effective assistance of counsel. Seals pointed to his lawyer's failure to ...
28 Aug, 2006 9:58 pm
... is doing. It's no surprise, then, that the Times discovered one of the biggest reasons judges seal files is because the defendant is
a lawyer or a law firm - or a fellow judge. One good old boy using his share of ... documents contained in the file. The parties being saved from embarrassment were those who deserved
it and worse. The point of the sealing order was to prevent the people of Washington from learning what its executive branch was doing to children in cooperation with a nonprofit
whose ...
6 May, 2007 9:43 am
... and was ambiguous, so government did not prove consent to enter to arrest the defendant. United States v. Castapheny, 2007 U.S. Dist. LEXIS
32872 ... suppressed as the fruit of the unlawful search. The question of consent for entry to arrest was fact bound, as defendants concede, so summary judgment was precluded.
Stokes v. City of New York, ... connected to drugs. Mondragon, 313 F. 3d at 866 (the sum, unusual packaging in sealed plastic bags and drug dog
alert on money found sufficient). The complaint ...
28 Nov, 2008 2:51 pm
... his or her statutory duty to investigate the claim and make a decision on whether to intervene in the case. During the seal period, it is critical that the relator and
relator's counsel maintain absolute secrecy about the fact that ... experience necessary to handle a case or who misunderstood the statute. It is also in the interests of
defendants, who should not have to answer ill-advised cases, that there be a seal period. This, indeed, was the experience of Virginia immediately after the VFATA ...
27 Oct, 2008 10:41 am
... petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days. As required under ... Board when same are requested for the purpose of
evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole
Board in the same manner and given the same weight in ...
6 Sep, 2006 6:21 am
... : NOTICE OF CONVENTIONAL FILING of Reply Memorandum filed by Plaintiff SCO Group, Counter Defendant SCO Group re [721] Notice of
Conventional Filing (Hatch, Brent) 763 - ... Text: Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Reply Memorandum filed by
Plaintiff SCO Group, Counter Defendant SCO Group. (Attachments: ... Memorandum and Declaration of BOH with Exhibits filed by Plaintiff SCO
Group, Counter Defendant SCO Group Corrected Caption of Docket 762 (Hatch, Brent) The Reply Memorandum ...
23 May, 2007 2:32 am
... keeping our justice system even minimally accountable. We have public trials in this country, court documents and evidence are open records, and defendants have the right to
face their accusers in open court. It would be an unconscionable travesty of justice to seal information about witness cooperation - if a witness testifying against a
defendant had ulterior motives, the public has a right to know. Often snitches are used in more than ...
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