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2 Sep 2016, 8:50 am
The defendants moved to dismiss the lawsuit arguing that the Federal court lacked admiralty jurisdiction to hear the case. [read post]
17 Feb 2020, 3:03 pm by Dennis Crouch
In the underlying litigation, the district court denied the defendant’s summary judgment motion on eligibility. [read post]
4 May 2022, 4:00 am by Howard Friedman
The court said in part:RLUIPA does not require a state to facilitate or subsidize the exercise of religion or pay for devotional accessories.... [read post]
21 Apr 2014, 9:01 pm by KC Johnson
How does Cohan’s amateur tax calculations of “something like a $20 million payment” get him to $20 million exactly? [read post]
14 Jun 2014, 1:10 pm by Daniel Cappetta
In Cole, the defendant pled guilty to a sex offense and was classified as a level 2 sex offender. [read post]
14 Dec 2020, 3:30 am by Eric B. Meyer
Interestingly, the employer-defendant did not defend the failure-to-accommodate claim by arguing that the ADA precludes accommodations of underlying disabilities with THC synthetics, like Marinol. [read post]
11 Aug 2014, 11:32 pm by Nietzer
” Therefore, routine governmental action does not include the issuance of every official document or every inspection, but only (1) documentation that qualifies a party to do business and (2) scheduling an inspection—very narrow categories of largely non-discretionary, ministerial activities performed by mid- or low-level foreign functionaries. 2. [read post]
20 Jan 2010, 9:39 am
  In order to recover under the CFAA, a plaintiff must show that a defendant caused a violation of one of CFAA’s provisions which caused damage to the plaintiff. [read post]
16 Dec 2011, 12:01 pm by Donna Eng
  The questions focused on the issues of (1) who has to prove knowledge under section 893.13; (2) does the statute require the State to prove that the defendant had knowledge of the illicit nature of the substance; (3) does the availability of an affirmative defense cure any constitutional deficiencies of section 893.13; and, (4) what other statutes, either in Florida, or in other states, lack the element of knowledge? [read post]
”[2] The DTSA provides that a court may enjoin “any actual or threatened misappropriation . . . provided the order does not prevent a person from accepting an offer of employment under conditions that avoid actual or threatened misappropriation. [read post]
27 Jan 2010, 5:57 am
Ct. 2159] (Hudson) [statutory knock-and-announce violation does not necessarily trigger the exclusionary rule].) ... 2. [read post]
8 Jan 2009, 12:38 pm
On October 14, 2008, a federal district court in New York denied defendant pharmaceutical companies' motion for summary judgment after finding genuine issues of fact existed as to whether 1) the sham exception to antitrust immunity under the Noerr-Penington doctrine applied to defendants' filing of a Citizen-Petition to the FDA to block the approval of generic drug manufacturers' applications; and 2) defendants' Petition in… [read post]