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9 Jan 2014, 2:42 pm by Stephen Bilkis
The Supreme Court stated in Melendez-Diaz that documents prepared in the regular course of equipment maintenance may well qualify as nontestimonial records. [read post]
6 Jan 2014, 1:28 pm by Stephen Bilkis
Since Crawford was decided, courts have struggled to come up with a comprehensive definition of the term "testimonial," but one factor that must be considered is the degree to which a statement is deemed accusatory, i.e., whether it seeks to establish facts essential to the elements of the crimes as ruled in People v Encarnacion, Melendez- Diaz v Massachusetts and People v Rawlins. [read post]
3 Nov 2013, 8:05 pm by Ron Coleman
After Diaz filed the lawsuit, the University filed a petition to cancel the Diaz trademark with the Trademark Trial and Appeal Board. [read post]
9 Aug 2013, 10:38 am by Sheppard Mullin
Smith and Ryan Duffy Last month, the United States Court of Appeals for the Fourth Circuit raised the stakes on what has become one of the most prominent topics in the labor law community in recent times with its 2-1 decision in National Labor Relations Board v. [read post]
1 Jul 2013, 2:38 pm by Marty Lederman
’” Then, relying upon the Supreme Court’s brand-new decision in United States v. [read post]