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25 Apr 2008, 10:27 am
For publication opinions today (2): In Kenneth Hay v. [read post]
15 Sep 2009, 10:29 pm
Here's the problem: You go to court on a third degree felony or a misdemeanor case and the state makes an offer and the attorney asks the court to make a lower offer and the court declines because if the court makes an offer and it is rejected and then the case goes to trial, the judge can't sentence the defendant to anything higher because if s/he does it is a vindictive sentence. [read post]
4 Dec 2015, 11:18 am by Ingrid Wuerth
Beyond this, the Court’s short opinion does not say much, although it does point out (in note 2) that it the opinion is limited and it does defend (in Part III) the decision to not say more. [read post]
20 Nov 2018, 1:44 pm by Steven Cohen
  The defendant argues that Moseley does not have enough facts to support his opinions. [read post]
3 Feb 2012, 2:04 pm by Howard Ullman
The patentee already has the power to charge higher prices for the patented product. 2. [read post]
4 Dec 2011, 9:36 pm
The fact that the defendant was not arrested for OUI does not affect the legitimacy of the search. [read post]
4 Oct 2012, 12:26 pm by Jade Smarda
  “As long as the induced criminal conduct occurs,” the inducer’s liability does not turn on whether one or more intermediaries “is factually guilty or even capable of committing the charged offense. [read post]
15 Jul 2009, 6:11 am
Defendant was not present to object, so Randolph does not help him overcome the consent of the primary occupant. [read post]
23 May 2007, 6:18 am
The theory underlying the class action is (1) Louisiana’s coastal marshlands protect the state from hurricane damage, (2) defendants’ oil producing and transmission activities included dredging canals through these marshlands, destroying millions of acres of marshlands thereby “depriving inland communities . . . of their natural protection from hurricane winds and accompanying storm surge. [read post]
9 Dec 2014, 7:49 am by Jamie Markham
Defender Manual, Vol. 2, Trial (2d ed. 2012), at § 21.1E. [read post]
7 Oct 2019, 4:30 am by Daniel E. Cummins
   The court agreed with the Defendant that the mere ownership of a dog does not subject a dog owner to absolute liability for injuries caused by the dog. [read post]
4 Feb 2022, 1:55 pm by Rebecca Tushnet
Feb. 2, 2022) The parties have a dispute over control of a fashion business. [read post]
7 Jul 2008, 1:02 pm
LEXIS 145 (July 2, 2008): Secondly, as conceded by the defendant, there is no evidence of bad faith or deliberate disregard of Rule 3:5-3(a) by Moeller. [read post]