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6 Dec 2021, 5:30 am by Josh Blackman
See Flagg, 819 F.3d at 136 ("the test for improper joinder 'is whether the defendant has demonstrated that there is no possibility of recovery by the plaintiff against an in-state defendant'") (quoting Smallwood, 385 F.3d at 573). [read post]
5 Dec 2021, 9:01 pm by Austin Sarat and Dennis Aftergut
”Hadley Arkes, reflecting on the Dobbs oral arguments in First Things, a religious journal founded “to confront the ideology of secularism,” pointed the way to what is coming next on the post-Roe agenda when he asked, “[I]f the law protects human life, why should it not also protect the small life in the womb that has never been anything less than human from its first moments? [read post]
2 Dec 2021, 11:04 am by Emily Dai
Darren Linvill and Patrick Warren analyzed how inauthentic social media accounts attributed to China are used as part of a disinformation campaign to defend the country’s treatment of the Uyghur Muslim minority in Xinjiang. [read post]
2 Dec 2021, 10:00 am by James Kachmar
Rather, the defendants focused their attack by claiming there was no triable issue as to the element of copying. [read post]
1 Dec 2021, 4:00 am by Administrator
Origlieri, 2021 ONSC 7650 [74] In accordance with s.267.5(5) of the Insurance Act, R.S.O. 1990, c.I.8, a Defendant may only be liable for the non-pecuniary losses of the Plaintiff, if the Plaintiff can prove that he or she sustained either (a) a permanent serious disfigurement or (b) a permanent serious impairment of an important physical, mental or psychological function. [read post]
30 Nov 2021, 9:01 pm by Sherry F. Colb
If someone is talking trash about what they’ll do to you in the future, you can just wait until the time comes and defend yourself then. [read post]
30 Nov 2021, 11:54 am by Maggie Bailey
The new decision-making tool was developed by a stakeholder team that included judges, prosecutors, public defenders, clerks, magistrates, law enforcement leaders, and others. [read post]
30 Nov 2021, 8:45 am by Samuel Bray
  That would relieve them of inventing a new rule and defending it on their own say-so. [read post]
29 Nov 2021, 9:15 am
A potential defense against these types of charges may involve the claim that a person was acting in self-defense, to defend others, or to defend a place of business as an owner or employee. [read post]