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6 Sep 2016, 1:14 pm by ALDF
In short, the strategy was to argue that a preponderance of the evidence showed (1) the defendant had engaged in a specific episode of unlawful animal neglect; (2) as the subject of that specific neglect, Luke was integrally related to that unlawful act; (3) Luke should therefore be declared contraband; and (4) as contraband, the defendant could be ordered to forfeit Luke. [read post]
13 Sep 2010, 3:46 am by R. David Donoghue
Judge Cox denied defendant's motion to dismiss plaintiff's patent claims regarding a bread formulation pursuant to 28 U.S.C. 1915(e)(2)(A). [read post]
1 Jun 2018, 12:45 pm by Eugene Volokh
Because a painted flag does not fly, we affirm.... [read post]
4 Oct 2009, 5:44 pm by Brian Shiffrin
In People v Darrisaw (2009 NY Slip Op 06992 [4th Dept 10/2/09]), the defendant appealed from a judgment convicting him upon a jury verdict of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511 [3] [a] [ii]). [read post]
24 Feb 2011, 11:21 pm by The Complex Litigator
Construing the entire statutory scheme with a view toward protecting employees, as we must, we find that a claim for remedial compensation under Labor Code section 226.7 does not trigger the reciprocal fee recovery provisions of section 218.5. [read post]
14 Oct 2016, 8:12 am by Brian Shiffrin
  Though many defendants may exchange files on a file-sharing network in hopes of receiving other files in return that does not establish it occurs in every case. [read post]
30 Jun 2010, 9:43 pm by Steven M. Taber
Long a sticking point with Superfund lawyers and Superfund defendants, the EPA’s use of the “Uniform Administrative Order” to force companies it believes are in violation of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to clean up a hazardous waste site was upheld on Tuesday, June 29, 2010, by the U.S. [read post]
28 Feb 2014, 4:37 pm by Stephen Bilkis
Following the completion of jury selection at his bank fraud trial on the Indictment, the defendant has moved pursuant to CPL 230.20(2) for a change of venue. [read post]
27 Nov 2010, 4:35 pm by jefhenninger
Thus, what most attorneys forget is that “mere presence at the location of contraband does not establish possession. [read post]
26 Dec 2013, 5:01 pm
Therefore, the Court found that the evidence "does not establish a prima facie proof of all the elements of the crime charged." [read post]
2 Jul 2012, 11:24 am
  Especially if that opinion is going to hold -- as Judge Rawlinson's does here -- that taking away a full twenty percent of those challenges from the defendant is harmless error because he can't prove that a replacement juror was biased. [read post]
27 Nov 2012, 4:57 pm by Stephen Bilkis
Defendant #2 , on the other hand, went to trial and was found guilty on all counts charged. [read post]
27 Nov 2012, 4:57 pm by Stephen Bilkis
Defendant #2 , on the other hand, went to trial and was found guilty on all counts charged. [read post]