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4 Apr 2017, 4:14 pm
That is, if only, say, 20% to 38% of the total estimated damages ultimately will materialize in actual damages claims, then the defendants’ actual damages arguably are substantially less than the aggregate damages as calculated without taking the approved damages claim rate into account. [read post]
22 Oct 2021, 5:01 am
Well-defended cyber terrain is attainable but continually at risk. [read post]
19 Aug 2021, 4:36 am
This is because it is settled law that the proceedings and judgment of a court which lacks jurisdiction result in a nullity[1]. [read post]
1 Feb 2021, 8:50 am
If either party does file a timely written objection, the court must hold a hearing on the motion to set aside the forfeiture. [read post]
30 Nov 2011, 11:05 am
” Perversely, the result of giving defendants more rights was to create an environment in which most defendants were pressured into waiving all their rights in practice by pleading guilty. [read post]
21 Mar 2019, 2:00 am
Mahoney (California Court of Appeal, 2nd Appellate District, 2/1/19). [read post]
20 May 2022, 1:56 pm
Online 1 (2011); Gary Lawson & David B. [read post]
12 Sep 2023, 3:00 am
This post is a follow-up to yesterday’s, Does Colorado Require Matching? [read post]
17 May 2023, 9:01 pm
Ciminelli was convicted on that theory, and the Second Circuit affirmed.[1] Finally, the defendant in Percoco was an influential former adviser to New York Governor Andrew Cuomo. [read post]
4 Jun 2021, 12:18 pm
The petition identifies a 4-3 circuit split on the issue, with four circuits requiring pretrial detainees to plead and prove that the jail defendants subjectively knew their deficient treatment would pose a substantial risk of serious harm, and three circuits not requiring pretrial-detainee plaintiffs to establish the defendants’ state of mind. [read post]
15 May 2015, 5:24 am
Molerway Freight Lines, Inc., 880 P.2d 1 (Utah Court of Appeals 1994). [read post]
19 Dec 2010, 10:54 pm
Lieutenant Colonel David Coombes, the lawyer defending him, provides a rather graphic description of the conditions. [read post]
20 Nov 2023, 9:01 pm
As a result, the District Court granted PIFSS’ motion to dismiss on the basis of sovereign immunity. 20 Of Not-So-Safe Harbors In a different proceeding, Picard v. [read post]
6 May 2022, 7:04 am
Defendant was stopped for a violation of G.S. 20-66(c), which requires that the registration renewal sticker be displayed in the place prescribed by DMV. [read post]
5 Jan 2011, 7:58 am
The authorizing Rule, 7-6(1) uses the term “may” [read post]
21 Nov 2016, 4:00 am
A petition for rehearing en banc was denied on July 20, 2016. [read post]
27 Jul 2016, 10:45 am
Res ipsa loquitur negligence in Tennessee requires that the plaintiff prove that (1) the injury experienced was likely the result of negligence, and (2) it was probably the defendant that was negligent. [read post]
30 Jul 2014, 8:35 am
Prior to trial the Defendant made a formal settlement offer of $1 which “expressed the defendants’ belief that the Court would conclude that Mr. [read post]
20 Feb 2020, 6:03 am
Reed was with his ex-wife for approximately 20 years and has never beat or abused her," the filing reads. [read post]
29 Apr 2012, 2:59 am
Not knowing that does not erase the mistakes.For example:- Dr. [read post]
