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1 Jun 2023, 5:23 pm by Jeffrey P. Gale, P.A.
In every negligence action for injuries or wrongful death the plaintiff must establish (1) a duty owed by the defendant; (2) the defendant’s breach of the duty; and (3) and that said breach proximately caused the damages claimed. [read post]
20 Aug 2021, 11:04 am by Ingrid Wuerth
Amici defend their test as faithful to the purpose of FRCP 4(k)(2) and as consistent with prior cases. [read post]
13 Jun 2012, 10:00 am
Then why the hell would they feel educated enough to engage in the practice of law and defend themselves when they have no idea what they are doing. [read post]
7 Oct 2009, 6:51 am
The defendant is a former Colombian narcotics officer extradited to the United States and the issue is whether the Government's evidence was sufficient to convict pursuant to 21 USC 959 (a) which requires proof beyond a reasonable doubt that the defendant knew or intended that the controlled substance would be unlawfully imported into the US. [read post]
24 Apr 2013, 4:30 am by Steve McConnell
    We have to admit that the court's disposal of the reliance point does not seem absolutely unhinged. [read post]
27 Sep 2013, 5:20 pm by Stephen Bilkis
Justification does not negate a particular element of the crime nor does it operate to excuse criminal activity. [read post]
15 Mar 2008, 4:00 pm
Defendant: Donald Randazzo Case Number: 2:2008cv00120 Biosphere Industries, LLC v. [read post]
3 Mar 2010, 4:01 am by Andrew Lavoott Bluestone
Some states have mandatory legal malpractice insurance, but New York does not. [read post]
30 Jan 2012, 11:58 am by PaulKostro
Only in the most narrow of circumstances can the “need” prong be satisfied: (1) where a constitutional right is at stake, such as a defendant’s right to a fair trial, or (2) where a party has waived the privilege either expressly, as provided by statute, or implicitly by placing an otherwise protected matter in issue. [read post]
31 May 2017, 4:27 am by Hon. Richard G. Kopf
The Sentencing Commission does not account for Rule 35(b) reductions. [read post]
4 Oct 2019, 10:07 am by John Jascob
For its relief the CFTC is seeking that the appellate court (1) vacate orders setting an unlawful judicial inquest hearing; (2) conduct no such hearings; (3) if the hearing must go forward, reassign the case to a different district judge. [read post]
25 Oct 2013, 12:08 pm
Attorney Paul Nicoletti, copyright counsel for Plaintiff Patrick Collins, filed a complaint in June 2012 against thirteen "John Doe" Defendants identified only by their Internet Protocol addresses. [read post]
14 Jul 2010, 11:00 pm by Matthew Hill
However, Hickinbottom J was correct in saying that the state does have to “support a mechanism” for investigating any death. [read post]
15 Aug 2019, 3:27 pm by Evan M. Levow
The EWC statute does not specifically mention DWI, but prosecutors have applied it to such situations on many occasions. [read post]