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13 Jun 2024, 2:21 pm by Jonathan H. Adler
Article III does not allow a plaintiff to seek to vindicate someone else's injuries. . . . [read post]
13 Jun 2024, 12:55 pm by John Elwood
United States both raise the question whether deception to induce a commercial exchange can constitute federal mail or wire fraud, even if the defendant does not intend to cause economic harm and the alleged victim receives the goods or services for which it paid. [read post]
13 Jun 2024, 11:15 am by Josh Blackman
EMTALA does not require doctors to perform abortions or provide abortion-related medical treatment over their conscience objections because EMTALA does not impose obligations on individual doctors. [read post]
13 Jun 2024, 10:29 am by Robin E. Kobayashi
When quoting a reference, be it from case, statute, or rule, etc., be sure that the quote is accurate and does not omit any pertinent language. [read post]
13 Jun 2024, 7:17 am by Will Yeatman
His persistent and multifaceted criticisms perhaps lack collegiality, but does he have a point? [read post]
13 Jun 2024, 5:30 am
The court otherwise ruled that the act of simply talking while driving at the time of an accident does not rise to the level of reckless conduct.Accordingly, the court ruled that the Plaintiff’s claim for punitive damages is not supported by the evidence gathered during discovery. [read post]
12 Jun 2024, 3:24 pm by Brendan Gilligan
In support of the defendant’s appeal, we urged the Ninth Circuit to reverse the district court’s ruling and hold that the Fourth Amendment’s abandonment exception does not apply to cell phones: as it must in other circumstances, law enforcement should generally have to obtain a warrant before it searches someone’s cell phone. [read post]
12 Jun 2024, 2:38 pm by Yosi Yahoudai
The increase will cause tide and storm surge heights to increase and reach further inland, with “moderate” (typically damaging) flooding expected to occur 10 times more often on average than it does today, it said. [read post]
12 Jun 2024, 2:19 pm by Aaron Moss
Smartly, the defendants conceded access for purposes of their motion to dismiss, instead tackling the lack of substantial similarity. [read post]
12 Jun 2024, 12:26 pm by Lee E. Berlik
Under this rule, “where there is an undertaking which requires a continuation of services, the statute of limitations does not begin to run until the termination of the undertaking. [read post]
12 Jun 2024, 10:54 am by usman
Unlike traditional cases of fraud, the government doesn’t need to prove that the information presented to the victim was demonstrably false, nor does wire communication need to be central to the scheme. [read post]
12 Jun 2024, 8:49 am by Tobin Admin
Relying on case law reiterating generally that a “limited release … does not affect the injured party’s ability to obtain a judgment against the tortfeasor, but merely limits the tortfeasor’s personal liability to the amount of available insurance coverage,” and the absence of a provision in O.C.G.A. [read post]
12 Jun 2024, 8:17 am by Richard Reibstein Esq.
But some industries have countered this trend in one of three ways: legislation, voter initiatives, and a choice not to settle but rather vigorously defend. [read post]
12 Jun 2024, 7:45 am by Evan George
  The goal of the moderators: force these two candidates to defend their starkly different records and visions. [read post]
12 Jun 2024, 7:29 am by Evangelina Cantu
Ethylene Oxide Emissions The defendant, Terumo BCT, operates a plant in Lakewood, Colorado that sterilizes health care products and medical equipment. [read post]