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6 Jul 2021, 4:23 am by Franklin C. McRoberts
Though a bevy of issues were raised in CIP’s appeal and defendants’ cross-appeal, we’ll focus only on the oral partnership claim. [read post]
5 Jul 2021, 10:30 am by Eric Goldman
June 30, 2021): Dismissing a 512(f) claim: “Plaintiff alleges that Defendant’s Counter-Notice claiming fair use was false and frivolous, and that Defendant’s pattern of harassment suggests that Defendant’s video was meant to harass, not parody. [read post]
4 Jul 2021, 9:05 pm by Dan Flynn
The injunction from the Department of Justice (DOJ) found: Amos Miller and his wife owned and operated Miller’s, an unincorporated business located at 648 Mill Creek School Road, Bird-in-Hand, Pennsylvania;  at its farm site, Miller’s had been slaughtering livestock or poultry, and then preparing, processing, storing, and /or distributing meat, meat food products, and poultry products;  Miller’s meat, meat food products, and poultry products sold for commercial purposes… [read post]
4 Jul 2021, 2:07 pm by Russell Knight
“[I]f leading questions were used, if appropriate, that fact does not necessarily render their responses untrustworthy. [read post]
4 Jul 2021, 8:56 am by Bill Marler
An Introduction to Listeria Listeria (pronounced liss-STEER-ē-uh) is a gram-positive rod-shaped bacterium that can grow under either anaerobic (without oxygen) or aerobic (with oxygen) conditions. [4, 18] Of the six species of Listeria, only L. monocytogenes(pronounced maw-NO-site-aw-JUH-neez) causes disease in humans. [18] These bacteria multiply best at 86-98.6 degrees F (30-37 degrees C), but also multiply better than all other bacteria at refrigerator temperatures, something that… [read post]
2 Jul 2021, 10:18 am by Lawrence B. Ebert
Warden SCI-Graterford, 486 F.3d 81, 86 (3d Cir. 2007), and by this Court. [read post]
1 Jul 2021, 1:46 pm by Shea Denning
Camacho, 340 F.3d 794 (9th Cir. 2003) (holding that the crime of failure to appear at trial “is a continuing offense as a matter of law” and thus concluding that the sentencing guidelines enacted after the date the defendant failed to appear). [read post]
1 Jul 2021, 3:30 am by Sami Z Azhari
A defendant sentenced to imprisonment for aggravated driving under the influence, 625 ILCS 5/11-501(d)(1)(F), which involves death, or 625 ILCS 5/11-501(d)(1)(C), which involves great bodily harm, must serve a sentence of 85% time. [read post]
30 Jun 2021, 7:14 pm by Eric Goldman
A federal judge enjoined the key parts of Florida’s SB 7072, the embarrassingly censorial attempt to turn Internet services into common carriers. [read post]
29 Jun 2021, 1:20 pm by Ilya Somin
As we explained in Cherokee Nation (again quoting Justice Bradley in Stockton),"[i]f it is necessary that the United States government should have an eminent domain still higher than that of the State, in order that it may fully carry out the objects and purposes of the Constitution, then it has it. [read post]
28 Jun 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
Article IV says that “[i]f no redistricting plan becomes effective by June 30” in the year after the federal decennial census, then “a Legislative Redistricting Commission shall be constituted not later than July 10,” comprising “eight members, no more than four of whom are members of the same party. [read post]