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28 Feb 2022, 9:34 am by Rebecca Tushnet
“Health-Ade” allegedly misleadingly implied that the defendant’s products are healthy when they are not because they contain sugar. [read post]
27 Feb 2022, 11:33 am by admin
Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. [read post]
26 Feb 2022, 9:44 am
States must also carefully assess their compliance with the strict duty to defend human rights and their own exposure; complicity related claims may not only be limited to private economic actors but extend to others. [read post]
25 Feb 2022, 2:44 pm by Alden Abbott
The principles address: non-discrimination, transparency, notice of investigations, timely resolution, confidentiality protections, conflicts of interest, opportunity to defend, representation, written decisions, and judicial review.The second pillar of the ICN CAP consists of two processes: the “CAP Cooperation Process,” which facilitates a dialogue between participating agencies, and the “CAP Review Process,” which enhances transparency about the rules governing… [read post]
The issue, as the Eleventh Circuit explained, was that defendants’ proposed instruction inappropriately included a subjective standard. [read post]
24 Feb 2022, 5:28 am by Kory A. Crichton
In September 2016, by consent, Defendant was appointed a GAL who had full access to all information regarding Defendant’s “situation” but permitted Defendant to revoke the appointment at any time. [read post]
23 Feb 2022, 5:19 pm by Mavrick Law Firm
Copier Sols., Inc., the Southern District Court of Florida refused to dismiss the plaintiff’s fraud claims based on an integration clause because the clause could not provide the defendants with a right to fraudulently induce the plaintiff into the contract. 126 F. [read post]
23 Feb 2022, 1:09 pm by John Elwood
Florida, 21-53Issues: (1) Whether a criminal defendant establishes an “actual” conflict of interest that adversely affects counsel’s representation when the attorney engages in “joint and dual” representation – i.e., simultaneously representing both the defendant and a key prosecution witness during a trial; (2) whether the “presumed prejudice” conflict of interest standard applies when the prosecutor (rather than defense counsel)… [read post]
23 Feb 2022, 9:35 am by Neil H. Buchanan
  An article from a few years ago in Vox offers a particularly clear example of this misunderstanding:[I]f you are a Democrat, you might now be thinking something like this: "Of course Democrats had to oppose Trump. [read post]