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21 Oct 2019, 12:14 am by Peter Mahler
Additional claims asserted in the name and right of the LLC sought damages against the defendant member. [read post]
31 Mar 2024, 11:41 pm by Aaron Moss
The doctrine has occasionally been invoked if a defendant’s unauthorized copying is sufficiently trivial—when a plaintiff’s work appears only briefly, is obscured, out of focus, or otherwise does not comprise the focal point of the new work in which it appears—but still draws a lawsuit. [read post]
27 Sep 2011, 9:59 am by Bexis
  Plaintiff has also failed to show that [defendant’s] obligations under Canadian law are relevant here. [read post]
18 Mar 2010, 2:47 pm by Beck, et al.
  A “short and plain statement” (the part that the other side emphasizes) “must provide the defendant with fair notice of what the plaintiff’s claim is and the grounds upon which it rests. [read post]
19 Nov 2010, 10:06 am by Mary Whisner
"Snitching" does not apply to the testimony of victims, bystanders, or other witnesses.)Some of the problems discussed are familiar: snitches are unreliable; many wrongful convictions were based on testimony from informants; not all defendants have the same access to the benefits available to some informants. [read post]
28 Jan 2008, 2:55 am
 In a DWI case, for example, that might include “I only got 5 hours of sleep instead of my usual 8, because of X, Y & Z. [read post]
25 Jul 2011, 1:35 am by Ken Lammers
In a perfect world, with infinite resources, plea agreements would be an anathema and we would never have drifted into a mindset which informs us that prosecutors should have any ability to determine a sentence or whether the circumstances are such that a sentence should be mitigated.However, we live in the real world and in the real world I think the Commonwealth Attorney should have the power to make a plea agreement to take a case under advisement, with facts stipulated by the defense to be… [read post]
5 Sep 2012, 6:34 am by pete.black@gmail.com (Peter Black)
” Certain students’ conduct does seem to have been indefensible—according to the Crimson, the exam-related malfeasance included plagiarism. [read post]
16 Feb 2011, 3:35 am by Maxwell Kennerly
Johns, Margaret Z., “Reconsidering Absolute Prosecutorial Immunity,” 2005 B.Y.U.L. [read post]
24 Jan 2012, 6:00 am by Harvard International Law Journal
It makes sense that the successful handling of case Y renders case Y inadmissible; it does not make sense for it to render cases X or Z inadmissible. [read post]
16 Jun 2010, 9:49 pm by Erin Miller
McCoy Docket: 09-329 Issue: When a creditor increases the periodic rate on a credit card account in response to a cardholder default, pursuant to a default rate term that was disclosed in the contract governing the account, does Regulation Z, 12 C.F.R. [read post]
22 Sep 2018, 5:56 pm by Dan Harris
See Doing Business in China Without a WFOE: Will the Defendant Please Rise. [read post]
18 Mar 2008, 5:07 am
Gillespie County, and Two thoughts on RothgeryPrawfsblawg: Message to Originalists and their Foes: Think 1868 not 1791Simple Justice: Rothgery Oral Argument: It's Easy to Be PC, and When does the right to counsel attach? [read post]
29 Aug 2011, 4:42 am by Marie Louise
Nike USA, Inc (Docket Report) District Court N D Illinois will not import limitations from the specification: Morningware v Hearthware Home Products (Chicago Intellectual Property Law Blog) District Court S D Carolina: Plaintiff’s purchase of accused product in forum state does not support exercise of personal jurisdiction over defendant: Van Romer et al v Argonaut Inflatable Research and Engineering (Docket Report)   US Patents – Lawsuits and strategic steps Cross… [read post]
26 Apr 2013, 12:09 pm by Jeffrey P. Hermes
Nevertheless, the court held that the context of the New York Post articles was such that, for at least some of the statements at issue, a reasonable reader would understand them to be mere speculation or opinion: It does not strain the concept of judicial notice ... to note that everyone hoped that the individual(s) responsible for the crime would quickly be brought to justice. ... [read post]
23 Apr 2012, 6:04 am by Joel R. Brandes
Finding of neglect does not require actual injury but, rather, an imminent threat that such injury or impairment may result. [read post]
17 Feb 2014, 6:29 am by Rebecca Tushnet
Self-concept as speech lawyers does matter, though.NYT has 29 million views/month; Twitter has 200 million users; many NYT visits come from Google or FB. [read post]