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13 Feb 2014, 11:46 am
The defendants might well ask the Ninth Circuit en banc to rehear the case. [read post]
2 Jan 2019, 8:29 am by Steven Cohen
  Thus, the size of the plaintiff’s head is a matter of genuine dispute, which does not render Scher’s opinion inadmissible. [read post]
27 Jan 2011, 8:26 am by PaulKostro
The fact that defendant must borrow money to meet his alimony obligations and maintain his lifestyle does not constitute a change in circumstances if the parties borrowed to maintain their standard of living during the marriage as well. [read post]
14 Mar 2023, 4:30 am by Michael Geist
Efforts by the media lobby to sow doubt on the issue does little to foster public trust in the Canadian media. [read post]
19 Jun 2012, 12:58 pm
It found that the language and precedent show that a person who intentionally views but does not download child pornography necessarily possesses child pornography within the meaning of the statute. [read post]
29 Jun 2010, 2:44 pm
HOLDER, that second offense for a simple possession crime that would not ordinarily subject the defendant to a year or more of prison, does not become an aggravated felony for removal purposes, unless the state used the evidence of the prior conviction in the second case. [read post]
29 Dec 2011, 6:00 am
The Guaranty law does not require (or even allow) IIGA to pay any non-economic damages. [read post]
3 Dec 2020, 9:37 am by Jon Sands
Collazo, No. 15-50509 (12-2-20)(en banc). [read post]
14 Sep 2017, 10:06 am by Jon Sands
The defendant has to know he is storing something, but the offense does not require a specific aim, particular purpose or achievable objective. [read post]
27 May 2020, 12:42 pm by Jon Sands
  Defendant’s right to a defense. [read post]
15 Mar 2013, 9:37 am by The Federalist Society
”In an opinion delivered by Justice Thomas, the Court held by a vote of 7-2 that the FDCPA does not conflict with Rule 54(d), and a district court therefore retains discretion to award costs to a prevailing defendant without having to find that the plaintiff brought the case in bad faith and for the purpose of harassment. [read post]
11 Aug 2020, 10:35 am by Jon Sands
The 9th holds that a resentencing under First Step (crack disparity) does NOT permit a plenary resentencing proceeding in which a defendant’s career status can be reconsidered. [read post]
15 Mar 2013, 9:37 am by The Federalist Society
”In an opinion delivered by Justice Thomas, the Court held by a vote of 7-2 that the FDCPA does not conflict with Rule 54(d), and a district court therefore retains discretion to award costs to a prevailing defendant without having to find that the plaintiff brought the case in bad faith and for the purpose of harassment. [read post]
22 Jun 2015, 8:09 am
  We conclude that the discovery order does not constitute a final judgment and, accordingly, we affirm the judgment of the Appellate Court. [read post]
3 Apr 2018, 4:05 am by Howard Friedman
Grand Haven, MI, (Docket No. 17-1024, cert. denied 4/2/2018). [read post]