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30 May 2021, 8:50 am
  This view, of course, is anathema to those who have over the last few generations devoted their life energies toward the construction of the heroic narrative of courts as the liberal democratic system's answer to the Marxist-Leninist challenge of vanguard parties (of professional revolutionaries as Lenin early suggested) as the leading forces for social justice for individuals within collective human organizations. [read post]
19 May 2021, 6:16 am by John Pierce
Investigation from that point will take the traditional route: investigators will review records already available to them, they will subpoena records that are not immediately available to them (whether records of the subject of the investigation or records of third-party vendors used by the subject of the investigation, such as an accountant or phone company), and they will conduct interviews, either with or without the use of subpoenas. [read post]
9 Mar 2021, 3:41 am by Eleonora Rosati
I call this a legal fiction because that assertion, while true in theory, overlooks the fact that the cyberspace formed by the World Wide Web is quite simply too vast for anyone to be able to know about, let alone access, all its resources.Not only is this assumption “based on an artificially constructed and fictitious premiss but, taken to its logical conclusion, results in exhaustion of the right of communication to the public” (at [57]). [read post]
4 Mar 2021, 4:09 pm by INFORRM
These applications can be made without notice, which means the party subject to the order is not informed that the hearing is taking place and does not get a chance to respond to the allegations made against them. [read post]
Existing laws rarely protect these third-party victims of malicious catfishing The regular lineup of privacy torts, such as false light, defamation, and right of publicity, do not protect the catfish bait if the catfish’s persona is fictitious. [read post]
3 Feb 2021, 1:05 pm by Lebowitz & Mzhen
The man’s personal representative sued the police officer driving the car, the city, and other named and fictitiously named parties. [read post]
25 Jan 2021, 8:32 am by Jason Gordon and Toam Rubinstein
Takeaway: In this first-ever case brought by the FTC over live event ticket sales, both first party sellers and third party purchasers should be aware of the FTC’s ability to enforce the BOTS Act. [read post]
25 Jan 2021, 8:32 am by Jason Gordon and Toam Rubinstein
Takeaway: In this first-ever case brought by the FTC over live event ticket sales, both first party sellers and third party purchasers should be aware of the FTC’s ability to enforce the BOTS Act. [read post]
15 Jan 2021, 5:13 pm by Russell Knight
” 750 ILCS 105/16(6) To keep court documents public and respect the privacy of people who deserve it, the Illinois statute allows you to file under fictitious names (usually John Doe or Jane Doe) “Upon application and for good cause shown the parties may appear under fictitious names. [read post]
4 Jan 2021, 2:02 pm by Cynthia Marcotte Stamer
Less than a year after the declaration of the COVID-19 health care emergency, the agencies’ commitment to zealous investigation and enforcement of COVID-related fraud already has produced a multitude of federal indictments and convictions against parties accused of COVID loan or unemployment relief program fraud, Federal Emergency Management Administration (“FEMA”) and health care fraud. [read post]
28 Dec 2020, 10:19 am by Robert Liles
§1001):  The government alleged that when questioned about kickbacks, one of the defendants made a materially false, fictitious and fraudulent statement to FBI agents when he stated that he did not receive kickbacks and payments in exchange for patient referrals. [read post]
27 Dec 2020, 7:07 am by Russell Knight
“[C]oncern over authentication arises because anyone can create a fictitious account and masquerade under another person’s name or can gain access to another’s account by obtaining the user’s username and password, and consequently, the potential for fabricating or tampering with electronically stored information on a social networking website is high and poses challenges to authenticating printouts from the website. [read post]
X, ruling that he held a fictitious status as an independent worker.) [read post]
25 Nov 2020, 9:10 am by Scott Hervey
  In order to establish libel, a plaintiff will have to establish: that the statements were defamatory; that the statements were published to third parties; that the statements were false; and that it was reasonably understood by the third parties that the statements were about the plaintiff. [read post]
25 Nov 2020, 9:10 am by Scott Hervey
  In order to establish libel, a plaintiff will have to establish: that the statements were defamatory; that the statements were published to third parties; that the statements were false; and that it was reasonably understood by the third parties that the statements were about the plaintiff. [read post]
20 Nov 2020, 5:52 am by David M. Boertje
Examples of ineligible parties would be animals, deceased persons, fictitious people, or anyone under the law who does not have the right to vote. [read post]
10 Nov 2020, 6:38 am by Robbie Kenney
People of both parties should be appalled by the way this election has been conducted. [read post]
9 Nov 2020, 4:00 am by Tracy Coenen
These records can be referred to as “doing business as” (DBA), assumed names, or fictitious names filings. [read post]
16 Oct 2020, 6:13 am by Eugene Volokh
.): Presently before the court is Plaintiff Jane Roe's Motion to Proceed under a Fictitious Name … and her Motion to Seal the Certificate of Interested Parties …. [read post]