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13 Dec 2022, 5:53 am by Timothy Heinle
Incapacity to Proceed – A Primer Under the Due Process Clause and North Carolina law, a defendant who is incapable to proceed in a criminal case cannot be tried or punished by the State. [read post]
10 Feb 2012, 8:39 am by Bexis
 2012 WL 380186, at *4.Sometimes really bad cases (defining “bad” as “meritless”) can make really good law.And there’s more.Reeves also found no valid claim under state law.Plaintiff tried to package his FDCA claim as a consumer protection action – but not very effectively. [read post]
2 Feb 2024, 12:30 pm by John Ross
Fifth Circuit: The SWAT commander at least tried to identify the right house. [read post]
9 Jul 2009, 4:54 am
"So with the learned intermediary rule as well, we'd have to say that our clients are quite a bit better off now th [read post]
17 Sep 2024, 10:24 am by Jonathan H. Adler
" Alas, this claim does not hold up to scrutiny, as it is based on a bit of sleight of hand. [read post]
6 Jul 2020, 10:17 am by Nate Holdren
For some reason if I tried to do more than one of those kinds of activities in a writing session I became much, much more tired and felt worse about writing, so I tried to be very conscious that a given work session was focused on only one of those categories. [read post]
18 Jun 2018, 11:34 am by Robert Chesney
Most notably, Judge Bates wrote that suits against government officials in their official capacity amounted to suits against the United States and thus implicated the federal government’s sovereign immunity from suit. [read post]
31 May 2022, 11:00 am by Neil H. Buchanan
  The argument from some people who tried to justify that gladiatorial spectacle was that hockey is a tough sport, tempers will flare, and there is nothing that can be done. [read post]
13 Jul 2010, 12:31 pm by Adam Thierer
If you’re beginning to think that the Free Press-McChesney plan sounds a bit like something right out of Hugo Chavez’s tyrannical press-police state, you’re not mistaken. [read post]
29 Sep 2014, 5:52 am
Baumgartner tried to assist Castleman in her effort to use someone else’s urine sample. [read post]
23 Aug 2012, 5:11 am
For the very sensible reasons explained by the Supreme Court of the United States in Powell v. [read post]
29 Aug 2013, 2:16 pm by Jonathan Bailey
And it is state courts that will be hearing these cases, as with both Grooveshark and The Turtles, and the cases will be tried under a mixture of laws that, often times, have very different rules. [read post]
12 Apr 2024, 3:00 am by Yosi Yahoudai
“The extra element of technology and AI … makes it a little bit more complicated. [read post]
26 Apr 2022, 2:40 pm by Amy Howe
Texas Solicitor General Judd Stone II argues for the state. [read post]
20 May 2012, 2:59 am
 I was not surprised to see Ambassador Locke dealing with Chen personally without using some candy pants from State to run interference. [read post]
5 Aug 2011, 11:41 am by David Hart QC
So a bit of a warning shot about claiming that a particular organisation or faith has a specific monopoly on ADR skills. [read post]
7 Dec 2017, 5:20 am by SHG
He had come home from school and repeatedly knocked and tried calling his mother to let him in. [read post]
11 Jun 2011, 2:59 am
 And in a bit of gallows humor, a friend has been gloating that he can finally eat all the sausages he wants, because vegetables are going to kill him.German newspapers have tried to keep up with the rumor, innuendo, and the latest update on the enterohaemorrhagic E. coli ("EHEC"). [read post]