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17 Jul 2017, 7:07 pm
Nonetheless, counsel has filed the motion for summary judgment on behalf of both defendants.[2] This is the only basis on which plaintiffs' first amended complaint challenges defendants' right to foreclose. [read post]
14 Feb 2014, 12:26 pm
First, in light of the fact that the indictment does not contain a single narcotics-related charge, does the Grand Jury of the Special Narcotics Courts of the City of New York have subject matter jurisdiction. [read post]
1 Sep 2010, 2:27 pm
However, when facing punishment as a second or subsequent DWI defendant, the court leaves you little choice other than to go to trial. [read post]
29 Aug 2014, 11:14 am
., No. 2:12-cv-05762, 2014 U.S. [read post]
21 Sep 2016, 9:40 am
§ 7206(2)). [read post]
24 May 2017, 3:00 am
Westmoreland June 2, 2015 Regoli, J.) [read post]
21 Oct 2020, 4:55 pm
The Court required a showing of the following five elements: (1) an expectancy of an inheritance, (2) the plaintiff would have received the inheritance but for the defendant's wrongdoing, (3) there was intent on the defendant's part, (4) the conduct in question must be wrong for some reason other than the fact of the interference and (5) the defendant caused the plaintiff damages.I remember reading this decision in 2012 and wondering… [read post]
21 Oct 2020, 4:55 pm
The Court required a showing of the following five elements: (1) an expectancy of an inheritance, (2) the plaintiff would have received the inheritance but for the defendant's wrongdoing, (3) there was intent on the defendant's part, (4) the conduct in question must be wrong for some reason other than the fact of the interference and (5) the defendant caused the plaintiff damages.I remember reading this decision in 2012 and wondering… [read post]
10 Jun 2015, 11:00 am
Hong, complaint at 2. [read post]
7 Feb 2023, 4:00 am
Jackson Women's Health Org. ... that “the Constitution does not confer a right to abortion. [read post]
9 Dec 2013, 5:55 am
Strategies in Class Action Engagement: Response to Class CertificationThe battle over class certification does not end with an order granting class certification. [read post]
9 Dec 2013, 6:39 am
Strategies in Class Action Engagement: Response to Class CertificationThe battle over class certification does not end with an order granting class certification. [read post]
29 Mar 2013, 10:12 am
The common-law doctrine of fraudulent concealment does not apply to [Consumer-Plaintiff]’s DTPA claim, and it is time barred. [read post]
16 Oct 2010, 9:32 am
The President insists that he does too, and he concedes that the policy hurts the armed forces of which he is Commander-in-Chief. [read post]
6 Sep 2013, 10:28 am
§ 24-2-1-2(8), (9). [read post]
12 Feb 2008, 6:08 am
Because § 53a-72a (a) (2) applies equally to both same sex and opposite sex sexual intercourse between individuals who are related within the degrees of kinship specified in § 46b-21, it does not create the allegedly unconstitutional classification and, therefore, does not violate the equal protection clause of the federal constitution. [read post]
17 Aug 2012, 9:43 am
Defendant posted guards and security cameras at that location. [read post]
28 Dec 2008, 3:58 pm
If you prove what you otherwise need to prove under § 362(k), you have established injury.Yet, well meaning bankruptcy judges, as well as less than well meaning defense counsel, continue to spend much time and effort attempting to (1) confuse actual, out-of-pocket damages with injury, and (2) attempting to refute injury is separately established, contesting whether a defendant is liable under § 362(k). [read post]
30 Oct 2009, 7:44 am
Not too often do I make a big deal about a criminal case, but Silicon Valley 'Spies Like Us': Trial begins for 2 engineers accused of economic espionage involving China doe shave interestng points.First, the facts:According to the indictment, the defendants allegedly created a company, SICO Microsystems, "for the purpose of developing and marketing products derived from and using the stolen trade secrets," which were related to computer chip design and… [read post]
7 Oct 2010, 2:18 pm
Which ties into . . .Emergency – It's important to recognize – as I think Peter Van Hoek, arguing for Bryant, made clear – that a defendant contending that the emergency doctrine articulated in Davis does not apply is not suggesting any criticism of the police officers on the scene: The doctrine (unlike, say, the exigent circumstances doctrine of the Fourth Amendment) is not a standard for police conduct, but rather a measure of whether a statement should be… [read post]
