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7 Jul 2023, 9:31 am
Following Bruton, prosecutors began redacting confessions in joint trials when the confession named a nonconfessing defendant. [read post]
7 Jul 2023, 8:45 am
However, for fault to be attributed to a nonparty, the Comparative Fault Act requires the nonparty be named in the lawsuit. [read post]
7 Jul 2023, 7:37 am
Lo and behold, it only took a few weeks for my views to be vindicated, when Yale University prevailed at trial last week on one of the most significant ERISA excessive fee class actions ever filed – a statement I do not believe is hyperbole when one considers the plaintiffs’ counsel, the bellwether nature of the action in relation to all of the other similar actions filed against prominent universities, the brand name of the defendant, the circuit and, yes as well, the… [read post]
7 Jul 2023, 6:05 am
At his Summit for Democracy in March, President Joe Biden said he was “proud to stand with all of you to defend those fundamental values we all share” including “freedom of the press” around the world. [read post]
7 Jul 2023, 5:50 am
But there is a good chance that NATO will make the decision that Ukraine, having defended itself against Russian aggression in the name of national survival and the future of its democracy, has clear prospects as a European country and as a member of NATO’s collective defense family. [read post]
7 Jul 2023, 4:13 am
Why not call the plaintiff “Victim Sue” and the defendant “Evil Joe”? [read post]
7 Jul 2023, 1:42 am
Far-right Trump supporters are posting the names of prosecutors and government workers online and sometimes revealing details about their personal lives. [read post]
6 Jul 2023, 2:06 pm
” Litigating a case that the government declines is risky, with statistics showing that defendants win the vast majority of such cases. [read post]
6 Jul 2023, 1:14 pm
One of the foods it featured was antibiotic-free chicken products marketed under the brand name Chickentopia. [read post]
6 Jul 2023, 12:52 pm
“The patient’s name was an ancillary feature of the billing method employed. [read post]
6 Jul 2023, 7:12 am
Which carries a number of big problems: The tenants will be incentivised to defend to ‘clear their name’ – something which is not a problem with section 21, where no reason is given If they defend, it will take much longer to obtain a possession order as there will, in many cases, need to be a trial. [read post]
6 Jul 2023, 6:30 am
For the Balkinization symposium on Martin Loughlin, Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin Since one purpose in publishing Against Constitutionalism (AC) with Harvard was to maximise the chance of it being read by American constitutional scholars, I cannot be other than delighted with the reviews. [read post]
6 Jul 2023, 5:49 am
Arbitrary names can risk inadvertently implicating someone else who has that name. [read post]
6 Jul 2023, 5:13 am
Query, though, whether the analysis would be any different here, based on the specific factual details of the case: For instance, should it matter that, unlike a typical plaintiff said/defendant said libel dispute, in this case plaintiff's credibility is unlikely to be relevant, since her claim is that she just isn't the person named in the Us story. [read post]
6 Jul 2023, 5:00 am
FAILURE TO PRODUCE UNREDACTED COPY OF PAPERS RESULTED IN DISMISSALD.R. filed a medical malpractice case alleging that she suffered injuries as a result of the defendant doctor’s failure to diagnose and treat her appendicitis.When the doctor and the hospital later sought the litigation's dismissal (via a motion for summary judgment), they provided the sworn statement of a named expert who was of the view that the defendants had, at all times, acted within… [read post]
6 Jul 2023, 2:55 am
As such, questions of validity raised by the defendant are highly unlikely to prevent a PI being granted. [read post]
6 Jul 2023, 12:52 am
To treat Lidl’s logo as a work of little artistic worth would ignore the commercial context and purpose for which it was sought by Tesco – namely, as the Court found in the main judgment, to seek to obtain an unfair advantage from the value messaging that the logo conveyed to consumers. [read post]
5 Jul 2023, 4:37 pm
Meanwhile, he commenced proceedings against various defendants, including the Garda Commissioner and the Irish Independent, for damages for invasion of privacy. [read post]
5 Jul 2023, 1:00 pm
I contrast the vision of the Supreme Court that Alexander Bickel defended with the current approach. [read post]
5 Jul 2023, 12:42 pm
However, if the driver gives a false or fictitious name, they face a Class B misdemeanor punishable by six months in jail and a maximum $2000 fine.12. [read post]
