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2 Feb 2016, 11:35 am by Daniel Cappetta
The fact that the defendant seems to have arguments in his defense, however, does not mean that he is not in need of an attorney – the charges against him are particularly serious in light of the fact that his brother is disabled. [read post]
21 Nov 2011, 8:11 am by admin
  Except that a salaried public official does not get ‘rewards’: he gets his salary. [read post]
24 May 2013, 5:13 am by Susan Brenner
As Wikipedia notes, to deal with situations like this, courts have allowed plaintiffs to name fictitious – or “John Doe” – defendants in their initial complaints, on the premise that they will file amended complaints that correctly identify the defendants, once they have that information. [read post]
1 Mar 2019, 12:17 pm by Naomi Shatz
This means in most cases the Commonwealth does not have to prove that the defendant knew the victim was not consenting, and the defendant did not have to intend to have non-consensual intercourse. [read post]
6 Feb 2014, 6:30 am by Daniel Schwartz
On February 2, 2006, the plaintiff and [the defendant’s principal] signed a document that included the plaintiff’s rate of compensation, commission opportunities, benefits and work schedule. [read post]
16 Jan 2014, 7:43 pm by Mary Pat Dwyer
Versata Software, Inc. 13-716 Issue: (1) Whether a computer software manufacturer may be liable for direct infringement of a patent drawn to computer instructions where the software, as shipped, does not contain sufficient instructions to perform the claimed operations; (2) whether flaws in an expert’s methodology may be raised as part of a challenge to the sufficiency of the evidence or only to the testimony’s admissibility; and (3) whether a patent infringement… [read post]
25 Apr 2014, 5:36 am by DMLP Staff
(against defendants Gawker and Does 2-10) The complaint alleges that Doe 1, also named as "AnonFiles.com," provided a full copy of the screenplay for download, which copy was either uploaded by Gawker or uploaded by another Doe defendant with Gawker's encouragement, and that other Does committed direct infringement by accessing the copy. [read post]
25 Apr 2014, 5:36 am by DMLP Staff
(against defendants Gawker and Does 2-10) The complaint alleges that Doe 1, also named as "AnonFiles.com," provided a full copy of the screenplay for download, which copy was either uploaded by Gawker or uploaded by another Doe defendant with Gawker's encouragement, and that other Does committed direct infringement by accessing the copy. [read post]
25 Apr 2014, 5:36 am by DMLP Staff
(against defendants Gawker and Does 2-10) The complaint alleges that Doe 1, also named as "AnonFiles.com," provided a full copy of the screenplay for download, which copy was either uploaded by Gawker or uploaded by another Doe defendant with Gawker's encouragement, and that other Does committed direct infringement by accessing the copy. [read post]
20 Feb 2024, 12:58 pm by Peter S. Lubin and Patrick Austermuehle
This motion is concerned with defects appearing on the face of the complaint and does not rely on matters outside the complaint. [read post]
28 Jul 2007, 4:38 pm
(2) Independent factual basis justifying a canine sweep In the present case, we discern no facts from the officer's initial observations of an encounter with the defendant that suggest a reasonable suspicion that a drug crime was being committed. [read post]
12 Dec 2010, 2:34 pm by Shorstein & Lasnetski
For instance, the relevant factors under Florida law are: 1) there is significant evidence the defendant was impaired while driving, 2) there is evidence that the defendant recently used the drug, 3) there is not enough evidence that the defendant used some substance other than the drug which would explain his/her impairment, such as alcohol, and 4) the evidence does not show that the drug did not cause the impairment. [read post]