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As we previously reported,  as a result of the COVID-19 crisis, courts across the country are adjourning most appearances, including trials, and hearing only “emergency matters,” often by teleconference or other remote methods. [read post]
10 Mar 2020, 4:37 am by MBettman
Holloway, 129 Ohio App.3d 790, (10th Dist. 1998) (“[A]s a matter of law, [a] defendant [is] not required to make a showing of actual prejudice where the state is granted an ‘extra’ peremptory challenge. [read post]
31 Dec 2019, 4:40 am by Ben
DEAR FRIENDS: The bloggers here at the 1709 Blog have decided that this will be our very last post. [read post]
16 May 2018, 5:30 am by Dennis Crouch
And Corel didn’t mention any of this to Judge Davila. [read post]
18 Dec 2017, 1:42 pm by Ben
Judge Edward J Davila of California Northern District Court has granted GAIN Capital’s Motion to Dismiss the claims for breach of the implied covenant of good faith and fair dealing and copyright infringement.The Court sided with GAIN Capital, with the Judge noting that the copyright infringement claim does not distinguish between Gain Capital’s alleged use of Tibco’s software while a valid license was in effect and the alleged use of the software after the licenses… [read post]
21 Nov 2017, 1:30 am by Jani Ihalainen
Justice Davila swiftly determined that the Canadian order restricts Google's activity protected by the CDA, and deprives of it of benefits given by US federal law. [read post]
15 Nov 2017, 12:29 pm by Marcia Shein
In the recent case of Davila v.Davis, the Supreme Court analyzed the limit of ineffective assistance of counsel. [read post]
8 Oct 2017, 10:12 am by Wolfgang Demino
The crux of the matter is that a contingent fee agreement must be in writing and signed by both parties, and there was no such agreement between Hill and his former attorney. [read post]
29 Jun 2017, 8:30 am by Joseph Tartakovsky
The majority explained that the exception for trial blunders was narrow; that trial and appellate rights were different constitutional matters; and that, in practical terms, Davila’s rule could “flood the federal courts with defaulted claims of appellate ineffectiveness. [read post]