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31 Oct 2018, 3:15 pm by Jack Goldsmith, Benjamin Wittes
In neat script near the top of the document, someone has written, “Filed under seal, March 1, 1974. [read post]
31 Oct 2018, 10:04 am by Schachtman
This phenomenon is known as confounding by indication, or as indication bias.6 Kaye and Freedman’s statistics chapter notes that confounding is a particularly important consideration when evaluating observational studies. [read post]
29 Oct 2018, 2:04 pm by Alexander Berengaut and Tarek Austin
Does 1-59, for example, hackers unlawfully accessed copyrighted materials on a company’s protected website.[5] The company brought suit against the unknown culprits — named “John Does” in the complaint — for violating the CFAA, the Electronic Communications Privacy Act and the Copyright Act.[6] It then provided the court with the internet protocol addresses of each defendant.[7] The court granted the company’s motion that it be allowed to serve… [read post]
25 Oct 2018, 5:10 am by Eugene Volokh
The Colorado Court issued this singularly contradic­tory holding in a capital murder case of significant public concern, in which the trial judge sealed a murder defendant's motion to disqualify the prosecutor, con­ducted a closed hearing on that motion, sealed the hearing transcript, and denied the defendant's motion in a sealed ruling. [read post]
23 Oct 2018, 11:43 am
  Co-defendant Samsung had settled shortly before trial, when Unwired Planet was cash-strapped. [read post]
3 Oct 2018, 3:23 pm by Limore Torbati
The bill also provides that a prevailing defendant is prohibited from being awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought or that the plaintiff continued to litigate after it clearly became so. [read post]
2 Oct 2018, 5:00 am by Alex Barthet
Indemnification clauses in prime contracts and subcontracts are customary and also provide justification for such defenses or claims. 6. [read post]
7 Sep 2018, 9:30 am
In a 6-3 ruling, the court held in Santa Fe that the school could not cede its loudspeaker system to students, who would then deliver prayers at the start of football games. [read post]
27 Aug 2018, 10:53 am by Rory Little
See, for example, In re Sealed Case (“I join the Court’s fine opinion. [read post]
9 Aug 2018, 4:00 am by Administrator
You must decide merely whether the defendant was through some action deprived of his self-control. [read post]
2 Aug 2018, 6:21 am by Brenna Gautam
According to Martins, only “[s]mall portions of the proceedings and filed documents are being withheld, and an even smaller portion are sealed altogether” as classified information. [read post]
13 Jul 2018, 7:59 am by Wolfgang Demino
It was a personal injury case, but that does not appear to limit the scope of the ruling on the validity of service of process on the defendant. [read post]
29 Jun 2018, 1:15 pm by Michael Lowe
  One example here is the defendant’s possession or use of a firearm in connection with an underlying offense. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
  Some readers have assumed Gorsuch is simply asking whether the defendant has a property-law interest in the information. [read post]
17 Jun 2018, 7:44 am by Bill Perry
 This complaint and the evidence supporting the complaint are not served on the defendants. [read post]