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28 Oct 2021, 2:04 pm
They had in mind a bunch of tedious and unilluminating debates in the literature of the time about who benefits more from, say, police and national defense spending: the rich because they have more property to defend? [read post]
28 Oct 2021, 9:07 am
Not surprisingly, many defendants sued in Waco try to escape. [read post]
28 Oct 2021, 6:24 am
Chapman, 866 F.3d 129 (3d Cir. 2017). [read post]
27 Oct 2021, 4:02 pm
FDA, 944 F.3d 267, 282 (D.C. [read post]
27 Oct 2021, 8:30 am
And to establish acquiescence, the Board requires a defendant to prove that the plaintiff’s conduct amounted to an assurance to defendant, “either express or implied[,] that plaintiff w[ould] not assert [its] trademark rights against the defendant. [read post]
26 Oct 2021, 6:58 pm
Nagelberg, 394 F.3d 505 (7th Cir. 2005) that held that a criminal defendant need not allege or prove actual innocence to argue that he was overcharged. [read post]
26 Oct 2021, 4:48 pm
In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the University’s benefit, and in which it had a strong vested interest – were necessary parties, but were not indispensable parties to a CEQA action challenging the project EIR under the factors of the Code of Civil Procedure (“CCP”) § 389(b). [read post]
26 Oct 2021, 1:11 pm
Goldstein Oil Co., 801 F.2d 343, 345 (8th Cir. 1986). [read post]
25 Oct 2021, 10:13 am
The defendants said in court filings that their conduct was protected speech and that the day’s violence stemmed from poor planning from local police and counterprotesters who sought a direct confrontation with the marchers. [read post]
25 Oct 2021, 8:12 am
Publications International, Ltd., 996 F.2d 1366 (2d. [read post]
24 Oct 2021, 1:42 am
The Jeep crashed into a Ford F-250 head-on which had been traveling northbound. [read post]
23 Oct 2021, 8:33 am
But I'm blogging this, because I police what I call "civility bullshit," which is the expression of concern by those who hope to suppress what they fear is the effective rowdy speech of their opponents and who will revert to defending and enjoying such speech when it's coming from their side. [read post]
22 Oct 2021, 1:31 pm
NCAA, 802 F.3d 1049 (9th Cir. 2015). [read post]
22 Oct 2021, 9:16 am
”19 Instead, the defendant would “much more readily look to the lawyer” who is more likely to have the financial ability to indemnify the defendant.20 While Rule 1.8(e) has an exception that allows attorneys to advance court costs and expenses of litigation, several ethics committees have found that indemnification clauses, which guarantee payment of the client&rsquo [read post]
22 Oct 2021, 9:16 am
”19 Instead, the defendant would “much more readily look to the lawyer” who is more likely to have the financial ability to indemnify the defendant.20 While Rule 1.8(e) has an exception that allows attorneys to advance court costs and expenses of litigation, several ethics committees have found that indemnification clauses, which guarantee payment of the client&rsquo [read post]
22 Oct 2021, 7:00 am
Article Contents Depending on the circumstances of your case, a lack of a reasonable expectation of privacy or a breach of your Charter rights are possible defences to voyeurism charges. [read post]
22 Oct 2021, 6:45 am
National Audubon Society, 556 F.2d 113 (2d Cir. 1977). [read post]
21 Oct 2021, 12:36 pm
NSA, 857 F.3d 193 (2017). [read post]
21 Oct 2021, 10:00 am
(“SRI II”) 930 F.3d 1295 (Fed. [read post]
21 Oct 2021, 9:00 am
§ 1404(a) permits the judge to transfer the case to another district “[f]or the convenience of parties and witnesses, in the interest of justice. [read post]