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26 Oct 2011, 8:26 am
Punitive damages are awarded to the plaintiff as a punishment to the defendant in the hopes that the defendant will not act in the same manner again. [read post]
31 May 2019, 6:53 am
The court of appeals rejected the defendant’s argument and sided with several circuits which addressed this issue and held that the presumption against the extraterritorial application of congressional legislation does not apply in the sentencing context of a court’s consideration of relevant conduct that occurred outside the United States. [read post]
2 Jan 2020, 7:44 am
” (Doe v. [read post]
10 Jan 2021, 8:46 pm
The post How Long Does it Take to Settle Wrongful Death Claims in Maryland? [read post]
28 Mar 2023, 6:03 am
The post Does Due Process Limit Aggregate Statutory Damages in Class Actions? [read post]
30 Oct 2006, 11:08 am
But today was an especially tough day for criminal defendants in the Seventh Circuit, where I see four criminal convictions and sentences affirmed. [read post]
21 Sep 2007, 11:50 pm
The Defendant has not provided the Court with any reason to believe that thenew protocol does not substantially meet the criteria set by the Governor's Commissionor that the protocol will not be carried out. [read post]
27 Mar 2022, 8:44 am
However, if the officer does not have a warrant and there is no probable cause of criminal behavior in your situation, refusing a search is considered your right. [read post]
18 Aug 2008, 12:08 pm
As yet the defendant does not have an attorney. [read post]
27 Jan 2007, 2:33 pm
Officer noticed baggie of marijuana while defendant was looking for papers for car. [read post]
4 Oct 2023, 3:55 pm
The solemn promise in particulars 'to preserve, protect and defend the Constitution,' does not imply more than the equally solemn promise in generals 'to support' it. [read post]
12 Jun 2019, 1:19 pm
In a decision released today, the Supreme Judicial Court concluded that driving with improperly restrained children does not constitute reckless endangerment under state law. [read post]
20 Jun 2014, 11:19 am
(The quintessential no-no is delaying presentment for the purpose of interrogating the defendant about the crimes he is accused of committing.) [read post]
29 Feb 2012, 6:58 am
Defendant does not challenge the FJC video as containing inaccurate information. [read post]
4 Sep 2019, 8:27 am
By ruling that the TCPA does not apply to diversity cases in federal court, the Fifth Circuit foreclosed an otherwise potent weapon used by defendants throughout Texas in trade secrets litigation. [read post]
9 Nov 2008, 7:56 am
But that's what happened after 26-year-old Hall County public defender Adam Levin, with help from colleague Brett Willis, argued the case of a homeless sex offender in front of the... [read post]
24 Oct 2013, 12:00 am
Wang’s decision does, indeed, look foolish. [read post]
25 May 2017, 12:39 pm
Sometimes, a civil litigant does not have a choice as to where he will file his claim against the opposing party. [read post]
29 Apr 2016, 7:11 am
It does so because DOE has... [read post]
26 May 2010, 12:48 am
Practice point: A retaliatory firing claim will be dismissed if plaintiff does not rebut defendants’ showing of a legitimate, nondiscriminatory reason for the termination. [read post]