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4 Nov 2012, 8:42 pm
Id. at *2 (quoting United States v. [read post]
21 May 2024, 8:00 am
AL 557 Doe v Central Val. [read post]
7 Feb 2024, 7:40 am
Count a further alleges that management breached its fiduciary duties by expropriating company assets for personal use.Count 2 asserts a claim for waste against the defendants for failing to prevent the allegedly excessive personal airplane use. [read post]
21 May 2024, 8:00 am
AL 557 Doe v Central Val. [read post]
6 Sep 2007, 5:03 am
Therefore, sufficiency of evidence challenge to restitution award does not survive appeal waiver because it does not challenge legality of award.Read the opinion here. [read post]
28 Dec 2010, 7:42 am
In fact, plaintiffs have dismissed about 2/3 of the cases they had certified as trial? [read post]
24 Sep 2008, 7:51 pm
Plaintiff argued that, by converting the documents to Tagged Image File Format (TIFF), defendant failed to comply with Rule 34(b)(2)(E)(ii), which states “[i]f a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms[.] [read post]
16 May 2016, 3:22 pm
As we have often noted, proof beyond a reasonable doubt does not mean proof beyond all possible doubt . . . nor does proof beyond a reasonable doubt require acceptance of every hypothesis of innocence posed by the defendant that, had it been found credible by the trier [of fact], would have resulted in an acquittal. . . . [read post]
21 Sep 2009, 6:21 pm
No, it does not. [read post]
28 Jul 2009, 5:03 am
July 1, 2009) [Slip Opn., at 2-3]. [read post]
11 Jul 2013, 5:01 am
2013 WL 3293956, *2. [read post]
15 Jan 2008, 10:40 am
[M]erely because a particular police-citizen encounter can be neatly packaged under the label "investigatory detention" for purposes of the Fourth Amendment, it does not necessarily follow that police are freed of their obligation to inform the citizen of her rights under Miranda in appropriate cases.(2) Defendant should have been provided Miranda warnings because under totality of circumstances, reasonable person in defendant's position would have… [read post]
19 Apr 2009, 10:10 am
§ 3582(c)(2) "states that a district court may reduce the term of imprisonment, it clearly allows for a district court to exercise its discretion on whether to resentence a defendant, but does not require it to do so. [read post]
11 Nov 2016, 8:31 pm
Court of Appeals for the 9th Circuit erred in affirming a judgment under Section 13(b) of the Federal Trade Commission Act in an amount greatly exceeding disgorgement of the ill-gotten gain in the defendant’s possession, even though the statute authorizes only equitable remedies and other circuits have held that restitutionary recovery must be limited to the defendant’s unjust gain; and (2) whether the 9th Circuit erred in allowing under Section 13(b) the… [read post]
10 Aug 2011, 7:46 am
The Court does not have sufficient evidence to determine whether or not [defendant] knew about and/or supported [defense counsel's] efforts to forge the email. [read post]
2 Feb 2015, 10:10 am
Elam II, No. 2:14-CV-9788 (CD California). [read post]
17 Jun 2020, 2:49 pm
Does that count? [read post]
28 Nov 2006, 10:20 pm
[2] Id [read post]
12 Feb 2014, 3:12 pm
§ 102(g)(2). [read post]
27 Jul 2009, 4:40 am
We do not belabor the Ninth Circuit’s holding that “Rule 23 does not preclude a defendant from bringing a ‘preemptive’ motion to deny certification. [read post]
