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22 Apr 2024, 4:30 pm
She does a very good job of exploring the interplay between the various statutory provisions here, some of which were added by the Legislature and others of which were added by the electorate Proposition 139. [read post]
22 Apr 2024, 2:49 pm
Instead, he contended, Robinson requires an individualized determination whether a specific person “truly does not have somewhere to live. [read post]
22 Apr 2024, 2:04 pm
Even a duty to disclose, however, does not automatically render silence misleading under Rule 10b–5(b). [read post]
22 Apr 2024, 1:36 pm
Technically, Arizona law does not contain the phrase “statutory rape. [read post]
22 Apr 2024, 1:11 pm
A plaintiff does not need to allege reliance, scienter nor loss causation to succeed on a Section 11 claim or a Section 12(a)(2) claim. [read post]
22 Apr 2024, 10:40 am
The four law enforcement officers secured the services of a CI, “John Doe. [read post]
22 Apr 2024, 10:01 am
Defendant knows what he is doing, and everyone else does too. [read post]
22 Apr 2024, 7:45 am
Prior to sentencing, the government did not seek, and the district court did not enter, the preliminary order of forfeiture …The post Supreme Court: District Court’s Failure To Enter Preliminary Order Of Forfeiture Prior To Sentencing Does Not Bar Court From Ordering Forfeiture At Sentencing. appeared first on Federal Defenders of New York Blog. [read post]
22 Apr 2024, 7:24 am
The defendants argued that the due process claim should be dismissed and the injunction denied because Doe had no protected property or liberty interest in his continued enrollment at College Park, and the process he received was sufficient. [read post]
22 Apr 2024, 7:24 am
The defendants argued that the due process claim should be dismissed and the injunction denied because Doe had no protected property or liberty interest in his continued enrollment at College Park, and the process he received was sufficient. [read post]
22 Apr 2024, 5:35 am
So how does your argument make any sense? [read post]
22 Apr 2024, 5:01 am
On its own, paying bail for a pretrial defendant does not communicate even the most general version of The Bail Project's message – its opposition to cash bail. [read post]
22 Apr 2024, 5:00 am
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
22 Apr 2024, 5:00 am
The post Having More Than One Employer Does Not Necessarily Justify an Employee’s Termination appeared first on Peter A. [read post]
22 Apr 2024, 5:00 am
The post Having More Than One Employer Does Not Necessarily Justify an Employee’s Termination appeared first on Peter A. [read post]
22 Apr 2024, 4:34 am
If no firearm was involved, a manslaughter conviction does not entail a minimum penalty, but if a firearm was used, a convicted offender must serve at least a minimum sentence of four years in prison. [read post]
22 Apr 2024, 4:21 am
” The Court unanimously rejected the accountant’s argument it owed no legal duty to investigate or report Kenneth’s financial improprieties: Plaintiffs’ claims, however, are not that defendant was hired to discover Kenneth’s wrongdoing, but rather that information obtained by defendant during its business interactions with Kenneth and information used by defendant in order to prepare tax returns and financial statements put… [read post]
22 Apr 2024, 4:00 am
It does not, in other words, merely treat Stanford like Berkeley or USC like UCLA. [read post]
21 Apr 2024, 2:35 pm
Cir. 2012) (finding no contacts between defendant and forum as to underlying dispute and thus dismissing for lack of personal jurisdiction). [read post]
21 Apr 2024, 2:25 pm
This section does NOT authorize the appointing of private citizen Jack Smith to be an inferior officer Special Counsel. [read post]