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19 Apr 2009, 7:20 am
Legal analysis often contains a margin of uncertainty, these defenders remind us, so the fact that the legal reasoning in the memos has been widely condemned as unsound does not show that the memos were written in bad faith. [read post]
24 Feb 2011, 12:38 am
Practice point: A defendant’s generally phrased objection to plaintiff-law firm’s billings does not constitute the specified, contemporaneous objection required to defeat an account stated cause of action. [read post]
11 May 2015, 2:42 pm
rule that defense testimony in a criminal trial about the defendant's out-of-court statements does not constitute a waiver of the defendant's privilege against self-incrimination? [read post]
10 Apr 2015, 11:09 am
So does the government.This is important when, say, the U.S. [read post]
17 Aug 2022, 1:53 pm
A judge’s failure to ask prospective jurors if they respect a criminal defendant’s constitutional right not to testify is generally rendered harmless if the defendant does in fact take the stand at trial, a divided Maryland high court ruled this week. [read post]
13 Apr 2018, 10:22 am
What does this Strike 3 Holdings LLC lawsuit in Chicago, Illinois mean for you? [read post]
27 Jan 2016, 6:55 am
"But he does believe in defending freedom and he knew the risks involved," said Arianna Finicum Brown, 26, one of the 11 children of Robert "LaVoy" Finicum, who was killed as the FBI and state police stopped brought an end to the Malheur National Wildlife Refuge occupation.He believed in defending freedom and taking risks when he had 11 children.11 children. [read post]
23 Aug 2006, 3:02 pm
[JURIST] Telecom giant AT&T [corporate website] sued 25 "John Doe" defendants [press release] in US federal court on Wednesday, alleging that the defendants had posed as customers to obtain personal customer information for use in domestic and legal disputes. [read post]
28 Apr 2010, 12:48 am
Practice point: A defendant may forfeit the right to arbitrate by participating in discovery without asserting the right to arbitration Students should note that defendant does not waive arbitration by serving an answer if it includes an affirmative defense that the dispute should be determined by arbitration. [read post]
3 Oct 2006, 5:05 am
The defendant in this case correctly pointed out that Florida law prohibits mingling poison with food or drink with the intent to kill or injure, but the law does not define "poison. [read post]
29 May 2018, 9:35 am
Virginia [SCOTUSblog materials], the defendant was convicted of receiving a stolen motorcycle after a police officer entered the defendant's driveway without a warrant to lift a tarp and check the motorcycle's license plate. [read post]
31 Jul 2018, 10:37 am
Strike 3 Holdings is an adult film production company based in Los Angeles, California suing “John Doe” defendants for copyright infringement. [read post]
31 Mar 2009, 7:08 pm
Illinois, No. 07-9995 Provided that all jurors seated in a criminal case are qualified and unbiased, the Due Process Clause does not require automatic reversal of a conviction because of the trial court’s good-faith error in denying the defendant’s peremptory challenge to a juror. [read post]
30 Mar 2017, 7:38 am
In Turner [argument transcript], the court heard argument on the Brady rule [LII backgrounder], a rule requiring that prosecutors provide a criminal defendant with all evidence that is favorable or material to his defense, even if the defendant does not ask for it. [read post]
18 Mar 2011, 12:40 am
Practice point: A defendant’s preclusion from introducing evidence at trial does not automatically entitle plaintiff to summary judgment. [read post]
29 Aug 2018, 12:45 pm
Strike 3 Holdings is alleging John Doe defendants illegally downloaded their adult films produced by Blacked, Vixen, and Tushy using BitTorrent Software. [read post]
18 Jul 2008, 6:34 pm
Obama's unfavorable comparison of the legal treatment of the Guantanamo detainees with that of the Nuremberg defendants suggests either that he does not know what he's talking about, or that he feels free to take great liberties with the truth. [read post]
25 Jan 2011, 9:48 am
“[E]ven though a trial court does not make an exhaustive ‘full inquiry,’ its decision to not permit an indigent defendant to get a [...] [read post]
12 Jan 2012, 5:19 pm
Because the evidence does not preponderate against the trial court's findings, we affirm.Opinion available at:http://www.tba2.org/tba_files/TCA/2012/moyerc_011212.pdf [read post]
11 Jun 2015, 11:25 am
At first glance these venue provisions seem reasonable because they would curtail the extreme forum shopping that does go on in patent cases, as witnessed in the Eastern District of Texas. [read post]
