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25 Feb 2024, 11:17 am by Peter S. Lubin and Patrick Austermuehle
To prove a claim under the Illinois Consumer Fraud Act, a plaintiff must show (1) a deceptive act or practice by the defendant; (2) the defendant’s intent that the plaintiff relies on the deception; (3) that the deception occurred in the course of conduct involving trade and commerce; and (4) damages. [read post]
29 Mar 2010, 9:00 am by robhealey
The director of the laboratory where Defendant’s blood was analyzed does not meet the qualification for said laboratory director’s permit pursuant to O.A.C. 3701-53-07 (E (1). [read post]
14 Aug 2012, 4:31 am
CODE § 35-42-2-2(c)(2)(A), and he saw Bennett enter the house with the gun but return to the porch without it. [read post]
11 May 2021, 11:19 pm by Hayleigh Bosher
(3) Whether, for the purpose of issue (2) above, the Defendant only communicated such work to the public when the Repertoire Work was actually played by one of the Defendant's passengers? [read post]
16 Apr 2012, 7:42 am by Rebecca Tushnet
  Court does say that quack products of this kind don’t deserve protection, but that’s probably not the whole explanation. [read post]
20 Oct 2016, 6:26 am by Dennis Crouch
  It is well-established that Congress “does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions—it does not, one might say, hide elephants in mouseholes. [read post]
1 Mar 2017, 5:01 am by James Edward Maule
” She asked the defendant if he had sent the plaintiff a Form W-2 or a Form 1099. [read post]
12 Oct 2013, 7:15 am by Daniel Richardson
  He admitted to the facts and appealed the conviction.On appeal, the Vermont Supreme Court reversed by a vote of 3-2. [read post]
11 Nov 2014, 1:07 pm
App. 3d 93, 101 [good faith does not excuse erroneous belief that statute prohibiting possession of open container of alcohol in vehicle on highway applies to a vehicle in a parking lot].) [read post]
27 Oct 2014, 12:55 pm
The registration remains valid much longer than a patent and does not require use in commerce, as does a trademark. [read post]
4 Jan 2013, 12:42 am by Kevin LaCroix
  The January 2 Opinion In her January 2 Opinion, Judge Jones granted the directors’ motions to dismiss on both grounds. [read post]
16 Aug 2014, 7:20 pm
But it doesn’t carry within “custody or possession” of the money, just like a juror or judge deciding whether to order plaintiff to pay defendant money doesn’t thereby acquire “custody or possession” of the money being paid. 2. [read post]
19 Apr 2016, 5:14 pm by Stephen Bilkis
Although it does not appear that a certified copy of said judgment was ever served upon plaintiff, nevertheless it does appear that the motion, which resulted in the order now appealed from, was based upon such judgment and the orders resettling and amending it. [read post]
13 Mar 2012, 6:32 pm by ebcarpenter
— New Orleans Criminal Defense   Grounds for Mistrial — La Code of Criminal Procedure Article 775 A mistrial may be ordered, and in a jury case the jury dismissed, when: (1)  The defendant consents thereto; (2)  The jury is unable to agree upon a verdict; (3)  There is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law; (4)  The court finds that the defendant… [read post]