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25 Oct 2017, 5:15 am by Peter Reap
The determinations of the Board were all supported by substantial evidence (B/E Aerospace, Inc. v. [read post]
7 Mar 2022, 12:13 pm by Eugene Volokh
Singer Cardi B sued vlogger Tasha K for libel, and the jury came back with a verdict in Cardi B's favor (and a total damages award of over $4 million); the libelous statements included claims that Cardi B had herpes, had used cocaine, and had engaged in prostitution. [read post]
7 May 2014, 5:41 am
District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff failed to present a sufficient damages model as required by Comcast v. [read post]
13 Mar 2013, 7:57 pm by The Complex Litigator
  The Court reversed the District Court's order certifying the class under Rule 23(b)(2).Finally, the Court remanded for further consideration as to whether certification was warranted under Rule 23(b)(3): For two reasons, we remand to the district court for reconsideration of the propriety of class certification under Rule 23(b)(3). [read post]
18 Jul 2018, 10:25 am by Evidence ProfBlogger
Arizona The pertinent portion of Arizona's postconviction DNA testing statute, § 13-4240(C)(1)(a) & (b), provides in relevant part that: After notice to the prosecutor and an opportunity to respond, the court may order deoxyribonucleic acid testing if the court finds... [read post]
15 Feb 2013, 5:25 pm by Evidence ProfBlogger
Except as provided in subsection (b), evidence of measures taken after an event, which if taken before the event would have made injury or damage less likely to... [read post]
Cue the ending music: … as simple as do-re-mi [not in the top 20] A-B-C, 1-2-3 [#10] baby you and me girl ["babygirl" is #13] [read post]
21 Aug 2023, 3:13 pm by Matt Roberts
”  With respect to section 643(b), the Memorandum also provides:     The promoters of this structure mistakenly assume that income in § 643(b) refers to the taxable income of the trust. [read post]
21 Aug 2023, 3:13 pm by Matt Roberts
”  With respect to section 643(b), the Memorandum also provides:     The promoters of this structure mistakenly assume that income in § 643(b) refers to the taxable income of the trust. [read post]
19 Jun 2014, 2:19 pm
Assume Person A planned to commit the robbery without Person B's prior knowledge, Person B sees it happen and after the robbery both Person A and Person B run away. [read post]
7 Dec 2010, 4:55 pm by Justin E. Gray
., regarding the issue of whether the pleading requirements of Rule 9(b) apply to false marking cases, the United States has submitted an amicus curiae brief that states: The position of the United States is that, consistent with other cases "sounding in fraud," False Marking cases should be subject to the pleading requirements of Rule 9(b). [read post]
15 Jan 2015, 4:26 am by Kevin LaCroix
S-K is an omission that can serve as a basis for a Section 10(b) securities fraud claim, but only if the other requirements to state a Section 10(b) claim – such as materiality and scienter – have been met. [read post]