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22 Oct 2020, 7:17 pm by Jamie Markham
Though the definition of “home” includes the home’s curtilage, it does not include an area 200–250 feet away from the defendant’s residence, and apparently not on the defendant’s property at all. [read post]
10 Aug 2010, 8:57 am
Plaintiff does not identify his relationship with the decedent although defendant understands she was his mother. [read post]
17 Mar 2023, 1:59 pm by Edward T. Kang
The court felt there was no broader social duty that the defendant owed the plaintiff, but rather, that the defendant merely entered a contract and ultimately failed to fulfill its performance. [read post]
30 Jul 2015, 7:31 am by Stephen Bilkis
In order to prevail on a cause of action a plaintiff must demonstrate that defendant: (1) caused the issuance of regularly issued process either criminal or civil; (2) with the intent to do harm without excuse or justification; (3) that the process was perverted to obtain a collateral advantage; and (4) that the process unlawfully interfered with plaintiff’s person or property. [read post]
30 Oct 2015, 5:56 am by Second Circuit Civil Rights Blog
But in the real world, the jury does not hear the case if the plaintiff loses the appeal by a 2-1 vote. [read post]
22 Aug 2018, 7:40 am by Charles H. Chevalier
The Court explained that sporadic or transient business activity within the district does not satisfy this requirement. [read post]
24 May 2013, 2:03 pm by Betsy McKenzie
Permanent prohibition against the Defendant engaging in any business activity in, into or from Vermont that violates Vermont law;2. [read post]
30 Dec 2019, 1:11 am
For example, if a criminal defendant runs an illegal lottery, he or she is receiving money from a crime, but this does not constitute money laundering if he or she does not hide the proceeds. [read post]
8 Feb 2013, 11:59 am by Steven G. Pearl
And if so, does the McDonnell Douglas burden-shifting analysis still apply to discrimination cases under California law? [read post]
5 May 2008, 1:39 pm
CGL - BLANKET ADDITIONAL INSURED ENDORSEMENT - "FOR THE MUTUAL BENEFIT OF" DOES NOT MEAN "REQUIRED TO NAME" Kassis v. [read post]
5 Dec 2022, 6:47 am by Second Circuit Civil Rights Blog
Again, the college defendants get qualified immunity because the law was not clearly-established whether plaintiff was denied a real chance to defend herself before the college revoked the scholarship. [read post]
26 Jan 2022, 6:48 pm
When Does Statutory Rape Become Aggravated Criminal Sexual Abuse? [read post]
24 Jul 2014, 6:15 am by Second Circuit Civil Rights Blog
Defendants argued that the letter does not allow the jury to infer unlawful intent to discriminate, but the jury could draw different conclusions about defendants' motives from the content of the letter. [read post]
22 Jan 2014, 11:36 am
The court noted that intentionally or recklessly taking actions does not amount to intentionally or recklessly inflicting emotional distress. [read post]
8 Sep 2015, 6:43 am by David Markus
The Court cited “the basic principle that wrongdoing must be conscious to be criminal,” id. at 2009, and held that “what [the defendant] thinks does matter,” id. at 2011. [read post]
11 Mar 2019, 10:15 am by Scott Sternberg
  The Fifth Circuit unanimously found that the plain language of § 1441(b)(2) was unambiguous and does not lead to an absurd result. [read post]
17 Apr 2023, 11:09 am by Andreas Kaltsounis
If the process does not include the attestation or if the attestation states that it does relate to protected health care services, the law does not require the recipient to comply with the process. [read post]