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27 Jun 2010, 7:29 pm
§ 512(c)(1)(A)(ii). [read post]
5 Mar 2014, 9:01 pm
For those of us who have been toiling in the RFRA vineyard for 20 years, it is heartwarming to see the American public awakening to its extreme regime. [read post]
2 Sep 2024, 8:05 am
The prosecutor does not have to prove: The defendant intended to drink excessively The defendant intentionally got behind the wheel The defendant aimed to cause an accident They only have to show the defendant’s BAC exceeded the legal limit. 2. [read post]
11 Apr 2016, 6:29 am
By contrast, most serious violent offenders would still go to prison even if max sentences were reduced, so admissions (which in Pfaff's view is the only metric that matters) would not go down.Pfaff does grant that the drug war boosts incarceration by generating more defendants with prior criminal records, which may increase the likelihood prosecutors file future charges or make the defendants subject to enhancements. [read post]
28 Nov 2014, 5:04 am
LEXIS 156563, *20. [read post]
12 Apr 2010, 10:30 am
” Vice Chancellor Laster in the Toll case explains why the Brophy claim does not duplicate the federal securities laws and does provide a meaningful remedy for corporate harm. [read post]
27 Feb 2023, 4:36 am
Co., No 4:20-cv-963 (E.D. [read post]
26 May 2021, 9:25 am
While the former town manager will only be sentenced on one of the counts due to the doctrine of merger and will not end up serving anywhere close to the 20-year maximum provided by law, she does face a realistic possibility of serving several months in jail or even at the division of corrections. [read post]
20 Apr 2011, 2:00 pm
Peoplemark, Inc.pdf., Case No. 1:08-cv-907 (W.D. [read post]
18 Jun 2018, 4:28 am
The parties proceeded to trial, resulting in a decision after trial and a judgment of divorce dated August 20, 2012. [read post]
21 Aug 2023, 8:01 am
Even though probation will avoid jail time (unless some jail time is offered as a condition of probation), that does not mean that a defendant will not face severe repercussions due to an arrest for domestic violence. [read post]
16 Oct 2006, 6:24 am
Los Angeles Cellular Telephone Co., 20 Cal.4th 163 (Cal. 1999). [read post]
1 Aug 2016, 7:30 am
In a medical malpractice case, the court explained, the plaintiff bears the burden of proving: (1) the applicable standard of care, (2) a breach of that standard by the defendant, (3) an injury, and (4) proximate causation between the alleged breach and the injury. [read post]
1 Aug 2016, 7:30 am
In a medical malpractice case, the court explained, the plaintiff bears the burden of proving: (1) the applicable standard of care, (2) a breach of that standard by the defendant, (3) an injury, and (4) proximate causation between the alleged breach and the injury. [read post]
25 Jan 2022, 10:50 am
" For a failure-to-accommodate claim under the RA, a plaintiff must show that (1) she is a qualified individual with a disability, (2) the defendant receives federal funding, and (3) the defendant failed to make a reasonable modification to accommodate her disability. [read post]
3 Mar 2021, 2:22 pm
The complaints typically allege that the defendants violated Section 14 (a) and 20(a) of the Securitie [read post]
5 Mar 2012, 12:49 pm
Criminal Sexual Assault Illinois law does not use the term ‘rape’ in sex crimes. [read post]
13 May 2009, 4:15 am
I believe that most people in America want four things from their government:1. [read post]
13 Apr 2009, 4:45 am
§ 1681c(g)(1)). [read post]