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19 Apr 2016, 2:36 pm
SLAWTER ARCHITECTURE; and LAKE COUNTY, a political subdivision of the State of Montana, and DOES 1-3, Defendants, JERRY L. [read post]
18 Nov 2016, 3:47 am
Does 1-31, No. 16 C 6803, Slip Op. [read post]
9 Nov 2016, 9:53 am
The 9th holds that the defendant failed to make a showing of materiality under Fed R Crim P 16 for discovery to support a double jeopardy claim; and the defendant failed to adequately challenge the government's representation that it does not have Brady material.The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2016/11/08/15-10103.pdf [read post]
17 Mar 2015, 6:10 am
The injunction--as opposed to the court's reasoning and the power of precedent--does not legally compel anyone else to do anything or for the defendant to do anything as to any person not named as a plaintiff. [read post]
11 Apr 2012, 12:16 am
Practice point: The doctrine does not exculpate a landowner from liability for ordinary negligence in maintaining a premises.Student note: Here, however, defendants established as a matter of law that the uneven condition of the soccer field’s artificial turf was open and obvious, and was not the result of defendants' negligence in maintaining the field.Case: Benolol v. [read post]
23 Nov 2009, 1:26 am
Practitioners should note that a finding of merit sufficient to vacate a plaintiff’s default does not preclude a subsequent granting of summary judgment to defendants. [read post]
25 Feb 2022, 7:00 am
Leaving New Jersey does not mean you are beyond a bench warrant’s reach. [read post]
21 Nov 2007, 10:00 am
Employment Practices Liability Insurance generally does not cover wage & hour liability, but we've seen a few cases recently where defendants had policies with ELPI riders that provided some cost of defense coverage for defending wage & hour cases. [read post]
8 Dec 2009, 1:26 am
Practice point: When defendant files an answer only after the court denies the motion to dismiss for lack of personal jurisdiction, defendant does not waive that defense by asserting unrelated counterclaims. [read post]
17 Jan 2012, 12:20 am
Practice point: Defendant is not subject to statutory liability if plaintiff simply lost his footing while climbing a properly secured, non-defective extension ladder that did not malfunction.Student note: Deposition testimony concerning defendant’s policy of using stair towers instead of ladders does not constitute an admission that the ladder was an inappropriate safety device for the work. [read post]
18 Nov 2019, 8:45 am
Does case? [read post]
27 Jul 2018, 7:16 am
Malibu Media suffers a rare loss in lawsuit against “John Doe” defendant in Illinois This is a blog dedicated to updates on copyright infringement cases. [read post]
2 Jul 2007, 8:27 am
§ § 1326(a)(1), (a)(2) and (b)(2).HELD: Where defendant does not object on procedural grounds that district court's method of determining his sentence is unreasonable, defendant forfeits right to appeal on that ground and review is only for plain error.Read the opinion here. [read post]
19 Aug 2020, 4:30 pm
Rolling Back Biglaw Salary Cuts: Sheppard Mullin does it. [read post]
22 Jan 2024, 1:06 am
Thus, primary EU law (in this constellation) does not set aside the EU’s secondary law on service. [read post]
8 Dec 2022, 7:01 am
Police chiefs and unions typically rush to defend the actions of the officer or officers involved, while many in the community come to their own conclusions about what happened based on their personal experiences and biases.Is it possible that the truth lies somewhere in between? [read post]
13 Dec 2011, 3:00 am
Doe Run Resources Corp. [read post]
11th Circuit affirms conviction where portion of trial occurred without the defendant and her lawyer
22 Oct 2018, 4:37 am
There can be no doubt -- and the government does not contest the point -- that constitutional error occurred. [read post]
11 Nov 2014, 5:00 am
Based upon unspecified information that the Plaintiff's attorney uncovered in the Defendant's medical records, the Plaintiff requested an independent medical examination of the Defendant driver, which was refused.Notably, in reviewing the wording of Pa.R.C.P. 4010, there is a reference to permissible medical examinations of a "party" and the Rule does not limit itself to IMEs of a Plaintiff.The Plaintiff filed an innovative motion to… [read post]
24 Jun 2014, 8:46 am
Yet that case is inapposite, as the court explicitly stated that ” § 207(h) does not apply in this case,” and that ” § 207(h), and the cases interpreting it, are inapplicable. [read post]
