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4 Jun 2021, 12:06 pm by Elizabeth Howell
Plaintiffs must “be able to prove that the exercise of the protected right was a substantial or motivating factor in the defendant’s alleged retaliatory conduct. [read post]
3 Feb 2020, 6:54 am by The Law Offices of John Day, P.C.
First, persuade the lawyer for the individual defendant to allege the fault of the nonparty employer. [read post]
20 Oct 2011, 4:01 pm by Michael Reiter, Attorney at Law
  “… it’s imperative that the Board of Supervisors appoint a public defender we have confidence in. [read post]
13 Dec 2016, 8:33 am by Earl Drott
In so holding, the court found that the defendant’s counter-affidavit had been properly presented under § 18.001(f), thus forcing the plaintiff to present expert testimony of her reasonable and necessary past medical expenses. [read post]
13 Dec 2016, 8:33 am by Earl Drott
In so holding, the court found that the defendant’s counter-affidavit had been properly presented under § 18.001(f), thus forcing the plaintiff to present expert testimony of her reasonable and necessary past medical expenses. [read post]
22 Mar 2011, 5:34 am by Lawrence B. Ebert
Sowa & Sons, Inc., 725 F.2d 1350, 1359-1360, cert. denied, 469 U.S. 821 (1984). [read post]
7 Dec 2011, 1:51 am
A trash pull at defendant’s house produced extensive evidence of marijuana trafficking for a search warrant, and that, in turn, provided reasonable suspicion for a stop of defendant’s car as he was leaving his house before execution of the search warrant. [read post]
25 Nov 2009, 11:01 am by Jon Sands
Bride, 581 F.3d 888 (9th Cir. 2009). [read post]
9 Sep 2009, 10:05 am
Mendez, 486 F.3d 599 (9th Cir. 2007) raised the possibility, but there as here, it fell short. [read post]
  Despite this fact, the Third Circuit noted that, “[f]requently,” discovery in collective actions “focuses on the named plaintiffs and a subset of the collective group,” a limitation that may hinder defendants’ ability to present individualized defenses that may not be applicable to all opt-in plaintiffs. [read post]
28 Oct 2008, 12:54 pm
Navarro-Lopez, 503 F.3d 1063 (9th Cir. 2007) (en banc). [read post]
19 Jan 2021, 12:14 pm by Bryn Miller
Dixon [3], the defendant sought to suppress evidence of drugs found in his car and apartment on the ground that his Fourth Amendment rights were violated when an officer surveilling him used a set of keys the defendant had dropped on the ground to unlock the defendant’s vehicle and enter his apartment. [4]  The Ninth Circuit held that “the insertion of a key into a minivan’s lock constituted a search within the meaning of the Fourth Amendment. [read post]
1 Jan 2008, 8:23 am
McNatt, 931 F.2d at 256-58 (evidence of the defendant's refusal to consent to a search of his truck was a fair response to his claim an officer had planted cocaine in his truck). [read post]
9 Nov 2012, 6:57 am by Seyfarth Shaw LLP
Kronos, 620 F.3d 287 (3d Cir. 2010), and limits available arguments against the EEOC’s subpoena power as a means of forcing employers to turn over their data. [read post]