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10 Jun 2022, 9:32 pm
(PROCEEDING/ACTION NO. 2.) [read post]
23 Jan 2019, 9:17 am
Does defendant have a meritorious defense? [read post]
10 Jun 2022, 9:32 pm
(PROCEEDING/ACTION NO. 2.) [read post]
24 Jun 2020, 9:48 am
” Claims: Plaintiffs claim that the defendants (1) were negligent, (2) negligently inflicted emotional distress, (3) intentionally inflicted emotional distress, (4) conducted an ultrahazardous activity, (5) committed toxic battery/civil assault, (6) caused wrongful death and (7) were grossly negligent. [read post]
3 Sep 2009, 7:37 am
Chapman Contracting, 477 Mich. 102 (2007), the relation-back doctrine does not apply to the addition of new parties. [read post]
20 Dec 2013, 6:17 am
2. [read post]
23 Aug 2013, 3:44 pm
Hence the acquittal of one of two defendants means merely that the People were unable to prove his guilt beyond a reasonable doubt; it does not mean that the People will necessarily be unable to prove guilt of the other defendant beyond a reasonable doubt. [read post]
9 Nov 2015, 1:30 am
2. [read post]
18 Apr 2016, 7:12 pm
McNeese, No. 15-5548, the court decided that a defendant who pleads guilty according to a Rule 11(c) plea agreement is not eligible for relief under § 3582 if the agreement itself does not explicitly mention a guideline range. [read post]
18 Apr 2014, 10:42 am
BMI contends that The Irish Exit, LLC (the legal entity) has a direct financial interest in The Irish Exit (the business establishment), as does Matthew McMahan. [read post]
25 Mar 2021, 7:54 am
See Op. at p. 2.The Pennsylvania Supreme Court affirmed the rulings of the Superior Court and the trial court thereby dismissing the plaintiff's complaint with prejudice. [read post]
8 Nov 2021, 5:00 am
Those five (5) factors are: (1) the nature and severity of the discovery violation;(2) the defaulting party’s willfulness or bad faith in failing to comply with discovery;(3) the resulting prejudiced to the other party;(4) the non-offending party’s ability to cure any prejudice; and, (5) the number of discovery violations by the non-compliant party.After applying these factors to the case before him, the judge confirmed that the Defendant had continuously ignored its… [read post]
2 Jul 2010, 8:24 am
The calendar does not lie. [read post]
18 Aug 2010, 4:22 am
The defendants appealed. [read post]
5 Nov 2013, 2:58 pm
” Correction Law § 168–n(2). [read post]
14 Aug 2018, 5:07 am
The features might be considered an idea because (1) it is so well known that its expression required no sufficient skill and labour (2) the idea has been expressed in such a trivial manner that it does not satisfy the test for originality, or (3) the expression of the idea does merit copyright protection, but the second song has not taken the skill and labour of the first. [read post]
31 Jul 2020, 3:00 am
June 2, 2020). [read post]
16 Oct 2017, 2:48 am
One day, the claimant found out that the defendant's website displayed among the various results also a listing for a cushion (available for sale on Amazon) that reproduced - without its permission - the Loulou photograph above:The claimant submitted that, by displaying this result, the defendant made an unauthorised act of communication to the public pursuant to §§ 15(2) UrhG and 19a UrhG. [read post]
31 Aug 2007, 10:21 am
Opp. at 2-3. [read post]