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3 Mar 2014, 4:33 pm by Stephen Bilkis
Nor does the fact that the defendant may have used drugs in the past and smelled of liquor at the time of the incident bear on the defense. [read post]
6 May 2016, 1:52 pm
However, if a defendant does testify at trial and the defendant's pre-arrest silence is inconsistent with that trial testimony, the state can likely use the pre-arrest silence to impeach the defendant at trial. [read post]
12 Oct 2011, 3:52 am by R. David Donoghue
Judge Shadur entered this order sua sponte to address deficiencies in defendant CTT's answer, affirmative defenses and counterclaims in this Lanham Act case, as he often does. [read post]
19 Jun 2009, 2:07 pm
In other words, in the courts view, the duty to defend “does not envision affirmative litigation. [read post]
28 Jan 2016, 5:52 am by Michael Geist
The post Why Telecoms Must Defend Your Right to Privacy appeared first on Michael Geist. [read post]
3 Feb 2015, 11:01 am by Kevin
That appeal only dealt with the individual federal defendants, though. [read post]
1 Apr 2015, 11:39 am
 [FN:  “[P]leading guilty without a guarantee that the prosecution will recommend a life sentence holds little if any benefit for the defendant. [read post]
24 Feb 2023, 9:47 am by Unknown
” The court determined that Jacobs does not apply in this case.In Jacobs, the court stated, the defendant was an out-of-state agent acting on behalf of Oregon residents who were the sellers of the investment. [read post]
21 Jun 2011, 11:05 am by One LLP Staff
The CDA does not impose liability on a party that merely publishes defamatory content on an interactive website so long as it does not create content itself. [read post]
10 May 2009, 1:31 pm
Even the decedent's statement that he "fell over the railing" does not tell why he fell over the railing. [read post]
13 Sep 2019, 11:43 am by Jonathan Tycko
Although a defendant in a False Claims Act case is free to communicate with the Department of Justice, the defendant cannot assume that those communications will remain secret, particularly from the relator who has brought the very lawsuit under investigation by the Department. [read post]
9 Jul 2012, 9:55 pm by Charles Bieneman
  The Nosal court held “that the phrase ‘exceeds authorized access’ in the CFAA does not extend to violations of use restrictions. [read post]
14 Mar 2021, 3:28 pm by DeFrancisco & Falgiatano
While the expert does not have to practice in the same specialty as the defendant, the qualifications of a doctor that works in another field must be thoroughly explained; otherwise, it may result in a dismissal. [read post]
21 Feb 2022, 4:04 am by Todd Carney
If consulting that does not work, try to reach someone in the office who can speak on these matters How does the JRJ work with other programs? [read post]
26 Sep 2013, 3:46 pm by Stephen Bilkis
Because the complaint does not expressly state factual allegations negating the exception, defendant argues that the complaint is jurisdictionally defective. [read post]