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12 Aug 2007, 7:39 am
" Defendants therefore explain that, although (b)(2) does not have a "predominance" requirement, (b)(2) does require that the class's claims be "cohesive. [read post]
14 May 2010, 10:00 am by Dennis Crouch
b) How does “fair ground of doubt as to the wrongfulness of the defendant’s conduct” compare with the “more than colorable differences” or “substantial open issues of infringement” tests in evaluating the newly accused device against the adjudged infringing device? [read post]
2 Feb 2007, 4:54 am
What does this tell us about the electorate's ability to prevent constitutional tragedies? [read post]
7 Mar 2019, 12:29 pm by Schachtman
The interesting question is whether the ASA’s Statement has improved, or will improve, the unfortunate situation.2 The ASA Statement on Testosterone “Ye blind guides, who strain out a gnat and swallow a camel! [read post]
26 Jun 2014, 2:32 pm by Stephen Bilkis
Department of Motor Vehicles, 54 A.D.2d 611 mere recital of the warning and subsequent refusal does not automatically result in a revocation of the defendant’s license. [read post]
2 Mar 2012, 2:24 pm by Jeffrey Brown
The Maryland federal district court recently held that obtaining cell site location data does not implicate the Fourth Amendment, and even if it did, obtaining such information without a warrant does not require suppression. [read post]
24 Jun 2022, 9:03 am by Rebecca Tushnet
As the basis for the development of “defendant-side functionality”? [read post]
15 Oct 2013, 4:42 am by Andrew Frisch
However, Zinni made clear that so long as a settlement agreement does not include an offer of judgment against a defendant (and it did not in this case), whether a plaintiff accepted the [read post]
13 Feb 2017, 12:15 pm by Neumann Law Group
On June 24, 2014, a year after settling with the other defendants, she amended her complaint to identify “Doe 1” as the defendant. [read post]
13 Feb 2017, 12:15 pm by Neumann Law Group
On June 24, 2014, a year after settling with the other defendants, she amended her complaint to identify “Doe 1” as the defendant. [read post]
1 Mar 2017, 5:00 am by Elaine Nolen
Their mere use of the devices thus fails to establish defendants' knowledge of inaccuracy and, taken individually, does not prove scienter. [read post]
24 Jun 2021, 7:30 am
” A defendant is entitled to an instruction on a theory of defense “if (1) he proposes a correct statement of the law; (2) his theory is supported by the evidence; (3) the theory of defense is not part of the charge; and (4) the failure to include an instruction of the defendant's theory would deny him a fair trial. [read post]
3 Sep 2013, 9:01 am by Mary Dwyer
Choi 12-1230Issue: Whether a defendant that did not sign a contract containing an arbitration clause can compel arbitration of the arbitrability of a plaintiff’s claims. [read post]