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28 Dec 2023, 8:39 am by Jeff DeFrancisco
Ultimately, the court concluded that conflicting testimonies and unresolved factual issues precluded summary judgment, emphasizing the fact-finding nature of negligence cases and the need for a jury to determine credibility. [read post]
28 Dec 2023, 5:00 am
[Numerous Concurring Opinions written by numerous Justices], the Pennsylvania Supreme Court considered United States Supreme Court precedent in addressing the constitutionality of an award of punitive damages by a civil jury in Pennsylvania.More specifically, the court addressed the ratio calculation, that is, the appropriate ratio calculation measuring the relationship between the amount of punitive damages awarded against multiple Defendants who are found to be joint tortfeasors, and the… [read post]
28 Dec 2023, 1:00 am
USED STOLEN SPORTS CAMP DEPOSITS FOR VACATIONS, GAMBLING AND PLASTIC SURGERYAfter stealing some $380,000 in tuition and deposits from some 303 families across the country who wanted to send their kids to a Boston area sports camp, and, after purloining some $191,000 in loan money (using fraudulent contracts), MB (53) of Tampa, Florida, was convicted on October 19, 2023 -- after a six-day jury trial -- of two counts of wire fraud.In a written statement, Acting United States Attorney Joshua… [read post]
27 Dec 2023, 8:47 pm
  Neither Arizona nor the SG suggest any way in which telling the jury in a case like Smith to use the out-of-court statement only in support of the opinion actually alters what the jury can or will do with it. [read post]
27 Dec 2023, 9:40 am by Eric Goldman
Trademark owner lost a jury trial, allegedly because the court’s instructions to the jury about initial interest confusion were not favorable enough to the rightsowner. [read post]
27 Dec 2023, 7:13 am by Richmond Cariaga
Going to Trial: If a settlement is not reached, the case goes to trial, where evidence is presented before a judge or jury, who then decide on liability and damages. [read post]
27 Dec 2023, 5:39 am by Robert Kraft
During a Mesothelioma trial, a jury will hear evidence and ultimately determine whether you’re entitled to compensation. [read post]
27 Dec 2023, 4:00 am
”Given that backdrop, because it thought that a jury could reasonably conclude that DE “demonstrated a conscious and willful disregard of the interests of others,” the AD1 concluded that the court below had “improvidently exercised its discretion” by denying the amendment and reversed the underlying determination.In the absence of any demonstrable “prejudice” to DE and given that the trucking company had not filed a notice of appeal of the… [read post]
26 Dec 2023, 9:01 pm by Dan Flynn
Stewart Parnell was allowed to proceed with appealability on two issues: jury prejudice and ineffective assistance. [read post]
26 Dec 2023, 4:28 pm by Kalvis Golde
A federal district court in Missouri ruled that Molina and Vogel’s claims could go to a jury, rejecting the officers’ argument that they were entitled to qualified immunity. [read post]
26 Dec 2023, 2:34 pm by Jonathan H. Adler
Soon after Netflix asserted its First Amendment right to stream and promote Cuties, Babin multiplied the first indictment into four, selectively presented evidence to the grand jury, and inexplicably charged Netflix for a scene that involved a verifiably adult actress. [read post]
26 Dec 2023, 2:25 pm by Second Circuit Civil Rights Blog
Gamache, 566 F.3d 307, 312 (2d Cir. 2009) (concluding that “a reasonable jury could construe [the statement ‘you probably did what the accuser said you did because you’re male’] as an invidious sex stereotype”). [read post]
26 Dec 2023, 9:06 am by Eric Goldman
If the jury so finds, immunity under Section 230 would not apply. [read post]
26 Dec 2023, 6:03 am by Associated Press
A jury cleared three Washington state police officers of all criminal charges in the 2020 death of Manuel Ellis. [read post]
26 Dec 2023, 6:00 am by The Law Offices of John Day, P.C.
At the end of a jury trial, the jury was unable to come to a unanimous verdict, and plaintiff conservator was granted a mistrial. [read post]
26 Dec 2023, 4:22 am by Peter Mahler
Flor is a one-of-a-kind case as far as I can tell, in which a New Jersey intermediate appellate court affirmed a jury’s damages award and the trial court’s order dissociating (expelling) a 49% LLC member that abandoned the venture after about two months. [read post]
25 Dec 2023, 11:22 am by Jeremy Saland
No matter how they got there, when the handcuffs are locked around their wrists and a Grand Jury hands down an indictment, they face the same dire consequences within the confines of New York’s criminal justice system. [read post]