Search for: "In Re: Standard Jury Instructions in Civil Cases" Results 221 - 240 of 401
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20 Jul 2023, 8:46 am by Rebecca Tushnet
” That’s vague, but the FTC tells businesses they’re violating the Act before punishment (I … didn’t think that was the standard for avoiding unconstitutional vagueness). [read post]
7 Jun 2022, 10:32 am by Roger Parloff
And that was in the wake of a civil war that had just left more than 600,000 people dead. [read post]
Elonis wins at the Supreme Court, and the case is sent back for a new trial, a new instruction would be given to the jury but a conviction seems likely in any case. [read post]
17 Oct 2013, 5:00 am by Bexis
  Today, we’re just looking at failure to read particular warning content as precluding causation in a failure to warn case. [read post]
11 Nov 2007, 12:58 pm
They contend that the district court made the following errors: (1) holding that plaintiffs lacked standing to pursue their claims for prospective injunctive and declaratory relief; (2) finding that Meyer and Spingola are collaterally estopped from asserting their claims in connection with their 2001 arrests and prosecutions; and (3) disregarding the liberal pleading standard under Federal Rule of Civil Procedure 12(b)(6) when it concluded that Meyer and Spingola failed to allege a… [read post]
28 May 2009, 11:26 am
And it is self-evident that the problem of discovery abuse cannot be solved by careful scrutiny of evidence at the summary judgment stage, much less lucid instructions to juries, the threat of discovery expense will push cost-conscious defendants to settle even anemic cases before reaching those proceedings. [read post]
21 May 2015, 8:19 am by Maureen Johnston
§ 2254 that governs review of a state court’s holding that jury instructions could not have reasonably misled the jury on state law; and (2) whether the Sixth Circuit properly found that any alleged error was harmful under Brecht v. [read post]
14 Aug 2011, 2:05 pm by Leslie Sammis
Blame the Florida Legislature - Tough on Crime, Dumb on Due Process RE: Mackle Vincent Shelton v. [read post]
27 Aug 2015, 10:57 pm by James E. Novak, P.L.L.C.
Police Use of Deadly Force Denounced by Amnesty International & UN Human Right Council  Earlier this year, Amnesty International reported its findings that 50 States and the District of Columbia in the USA failed to comply with the international standards on the use of lethal force. [read post]
20 Sep 2019, 12:06 pm by Benjamin Wittes
But we’re reliably told that the president has a second and more venal agenda: He is attempting to force Mr. [read post]
31 May 2007, 4:31 am
Twombly recognized that, in practice it was impossible to take Conley "literally," since the Conley "no set of facts" standard for dismissal "would dispense with any showing of a reasonably founded hope that a plaintiff would be able to make a case. [read post]
19 Aug 2022, 6:06 am by Albert W. Alschuler
A federal judge has in fact upheld a civil complaint alleging an implicit conspiracy between Trump and some January 6 rioters to hinder forcibly the performance of a federal official’s duties. [read post]
10 Jan 2012, 1:55 pm by Law Lady
Criminal law -- Attempted second-degree murder -- Jury instructions -- Trial judge's instruction on lesser offense of attempted manslaughter that is virtually identical to the erroneous instruction in Houston v. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
”  After all, the Department of Justice and the grand jury have charged hundreds of individuals in connection with the January 6 attack on the Capitol—some even with “seditious conspiracy” under 18 U.S.C. [read post]
3 Oct 2017, 8:28 am by Harry Graver
The cases mostly concern an 1870 statute that generally prohibits active-duty military officers from holding “civil offices. [read post]