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31 May 2013, 10:13 am
My sense is that I wasn't the only one who thought (as I said here) that the dissent had the better of the argument in this one.The Ninth Circuit just took the case en banc.It's largely a fact-specific case. [read post]
13 May 2014, 12:07 pm
Last year, the day the original panel opinion came out, I said that I thought the dissent by Judge Noonan was nothing short of a masterpiece. [read post]
28 May 2014, 12:13 pm
Defendant has one DUI. [read post]
11 May 2022, 12:30 pm
California prohibits the sale of semiautomatic rifles to anyone under 21. [read post]
17 May 2010, 1:14 pm
Here's a good reason why, after settling a case on behalf of a client, you should make sure to send your client a letter that expressly says that the representation is over and that you'll do no further work on their behalf.Otherwise, even if you do absolutely nothing during the next several years . . . . [read post]
13 May 2015, 1:22 pm
What do you do when (1) a retained criminal defense attorney takes $50,000 from the defendant to represent him, (2) (allegedly) doesn't prepare at all for the upcoming trial, but instead simply tries to persuade the defendant to plea, and then (3) on the eve of trial, both the defendant and counsel express displeasure with the resulting situation, with the attorney moving to withdraw (because the defendant won't take a plea) and the defendant asking to fire his attorney because he took the… [read post]
29 May 2025, 2:18 pm
In one of two opinions issued today, the Supreme Court applies constitutional harmless error analysis to reinstate a second-degree murder conviction. [read post]
23 May 2014, 6:48 am
On May 27, 2014, the Supreme Court of Ohio will hear oral argument in State of Ohio v. [read post]
22 May 2019, 3:02 am
Now it’s being floated in Maryland, against Alabama [my Free State Notes post] “A federal judge in Texas wants you to know she’s sick and tired of whiny lawyers” [Justin Rohrlich, Quartz from December, Brad Heath on Twitter; Align Technology v. [read post]
8 Jun 2010, 9:12 am
(E.g., State v. [read post]
11 Jul 2023, 9:15 pm
In Groff v. [read post]
20 Aug 2009, 6:01 am
Co. v. [read post]
5 Apr 2012, 12:01 pm
In Howes v. [read post]
5 Apr 2011, 8:37 am
WHEELER v. [read post]
8 Sep 2009, 2:23 pm
In the matter Hyrcza v. [read post]
14 Jul 2012, 10:00 pm
Ametek, Inc., ARB No. 11-036, ALJ No. 2009-SOX-26 (ARB May 31, 2012) Final Decision and Order PDF | HTM Pik v. [read post]
14 Jul 2012, 10:00 pm
Ametek, Inc., ARB No. 11-036, ALJ No. 2009-SOX-26 (ARB May 31, 2012) Final Decision and Order PDF | HTM Pik v. [read post]
26 Jan 2016, 2:24 pm
Wind v. [read post]
13 Apr 2008, 9:18 pm
In Sonoma Foods, Inc. v. [read post]