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14 May 2007, 4:31 pm
Civil libertarian groups used to object to the well-entrenched "dual sovereignty rule," which allows the federal government to prosecute a defendant even if he has been acquitted in state court of a similar crime (and vice versa). [read post]
11 Oct 2007, 4:22 am
But they do have an obligation to regulate how parties deal with each other and with ensuring that they comply with the discovery provisions of the Federal Rules of Civil Procedure. [read post]
30 Mar 2020, 2:52 pm
The Louisiana Supreme Court’s most recent Order provides that all essential state court functions—both civil and criminal (such as civil protective orders, child custody matters, etc.) set forth in the previous orders should be conducted via video and/or telephone conferencing. [read post]
19 Apr 2013, 10:47 am
Therefore, defendant procedurally defaulted on his claim and the district court correctly denied his section 2255 motion. [read post]
19 Feb 2015, 9:53 pm
Category: Civil Procedure By: Jesus Hernandez, Blog Editor/Contributor TitleNeurorepair, Inc. v. [read post]
13 Dec 2021, 4:45 pm
Code of Civil Procedure § 684.115. [read post]
23 Apr 2013, 11:19 am
He is the Chairman of JMBM's Patent Litigation Group and the publisher of the Patent Lawyer Blog. [read post]
6 Oct 2013, 11:15 am
Chesler rejected Defendant’s argument that adjudication on a class-wide basis was an inferior method of litigating the claims, finding that the superiority requirement of Federal Rule of Civil Procedure 23(b)(3) was met. [read post]
23 May 2013, 10:03 am
That is why they are requesting that “the Court schedule a pretrialconference pursuant to Rule 16 of the Federal Rules of Civil Procedure to discuss appropriate procedures for reaching resolution on what is likely to be the dispositive issue in this case: whether any of the French colonial decrees the Government has identified clearly and unambiguously declare Cambodiato be the owner of the statue at issue in this case,” the… [read post]
22 Jan 2014, 7:37 pm
Behrend the absence of a showing that injury can be proved on a classwide basis precludes class certification under Federal Rule of Civil Procedure 23(b)(3); and (2) whether at the class certification stage of litigation a district court must analyze the admissibility of expert testimony under the standards set forth in Daubert v. [read post]
28 Feb 2022, 9:22 am
In February, we published 20 posts to our blog, In Custodia Legis. [read post]
5 Feb 2013, 9:17 pm
Both defendants filed motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). [read post]
1 Aug 2008, 10:21 am
” California Code of Civil Procedure Section 312. [read post]
21 Aug 2007, 11:01 am
He invoked Rule 42(a) of the Federal Rules of Criminal Procedure to appoint the independent lawyers A trial-court judges prosecutorial power was explained by Justice Brennan in a 1987 Supreme Court decision. [read post]
13 Oct 2019, 9:03 pm
There are special procedural rules for appeals under both state and federal law. [read post]
13 Oct 2019, 9:03 pm
There are special procedural rules for appeals under both state and federal law. [read post]
3 Mar 2017, 4:09 am
” In the ABA Journal, Debra Cassens Weiss reports on a proposal Gorsuch has endorsed that would change “federal procedural rules to make civil jury trials the default. [read post]
20 Mar 2016, 2:11 pm
The Bikram case went to the Ninth Circuit Court of Appeals following the district court granting the defendant's motion for summary judgment for copyright infringement pursuant to Rule 56 of the Federal Rules of Civil Procedure. [read post]
16 May 2014, 2:41 pm
:)The post Never Can Say Goodbye: Justia Weekly Writers’ Picks May 16, 2014 appeared first on Justia Law, Technology & Legal Marketing Blog. [read post]
22 Apr 2010, 1:02 am
I have blogged about this trap previously and this case is a good reminder to us all. [read post]
