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This included queries concerning State obligations related to the prevention and guaranteeing of human rights, the right to life, the rights of children and new generations, consultation procedures and judicial proceedings, the protection of environmental defenders and the shared and differentiated responsibilities by states, all in the context of the climate crisis. [read post]
28 May 2024, 7:42 am by Amy Howe
It pointed to another recent state court decision that rejected a defendant’s challenge to the constitutionality of a six-person jury. [read post]
28 May 2024, 7:30 am by Guest Author
Rather than zealously defend the 2016 rule, Trump’s appointees at the Department decided to replace it with a watered-down version that did not incorporate an inflation mechanism. [read post]
28 May 2024, 5:44 am by Mark Tabakman
Employers will not be able to “hide behind” their AI processes or defend by asserting the “machine did it. [read post]
28 May 2024, 5:00 am
.), the court denied a Defendant’s Motion to Dismiss in a products liability case arising out of a motor vehicle accident.In so ruling, the court held that allegations of recklessness go to the degree of negligence and do not state claims separate from claims of ordinary negligence under Pennsylvania law. [read post]
28 May 2024, 4:30 am by Eric B. Meyer
In employment discrimination cases where a defendant-employer articulates a legitimate, nondiscriminatory reason for the employment action, the plaintiff has the burden then shifts to the plaintiff-employee to establish that the employer’s reason was a pretext for discrimination, i.e., the defendant’s reason for, say, terminating the plaintiff’s employment is false. [read post]
28 May 2024, 4:00 am by jonathanturley
That presumption is even more difficult to discern when the defendant is named Trump and the jury sits in Manhattan. [read post]
28 May 2024, 2:00 am
All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law. [read post]
28 May 2024, 1:18 am by Rachael Duke
Once you’ve gathered information and evidence through written discovery, depositions will likely be requested and scheduled.Party DepositionsThe first depositions taken are usually the party depositions, the plaintiff(s) and defendant(s). [read post]
28 May 2024, 12:00 am
You need to prove that the defendant — the person who caused the injury — had a responsibility to take a certain amount of care to avoid the injury. [read post]
27 May 2024, 11:00 pm
”Absent such a demonstration, and since the defendants raised an “issue of fact” as to her responsibility for the collision, the AD2 left the motion’s denial undisturbed.Now who was culpable for that? [read post]
27 May 2024, 10:00 pm by Sherica Celine
New Practical Guidance Content Employee Release Liability Waiver and Indemnification Agreement (IL) – by Renu Thamman, Thamman Law Office Leave and Vacation Sharing and Donation Policy (IL) – by Renu Thamman, Thamman Law Office Employment of Relatives / Anti-Nepotism Policy (with Acknowledgment) (FL) Employment of Relatives / Anti-Nepotism Policy (with Acknowledgment) (NJ) Employment of Relatives / Anti-Nepotism Policy (with Acknowledgment) (PA) Recently Updated Practical Guidance… [read post]
27 May 2024, 9:26 pm by Patent Docs
Noonan -- Suspended Federal Circuit Judge Pauline Newman's lawsuit (see "Judge Newman and the On-Going Attempts to Remove Her from the Federal Circuit") against Chief Judge Kimberly Moore, and Circuit Judges Sharon Prost and Richard Taranto (in their roles as members of the Special Committee of the Judicial Council of the Federal Circuit responsible for the Order suspending Judge Newman) soon may be reaching an important milestone: the District Court overseeing Judge Newman's… [read post]
27 May 2024, 9:01 pm by Austin Sarat
While he has consistently broadcast the message that his trial has been unfair, with a few exceptions, the public has heard little to defend its fairness and integrity.Unlike Trump’s simple, consistent, and visceral criticism of his trial, the few who have spoken out to defend it offer a more complex argument. [read post]
27 May 2024, 4:10 pm by Steve Bainbridge
After making his bones defending entrenched corporate managers from the discipline of the market for corporate control, Martin Lipton lately has been defending entrenched corporate managers from the discipline of the stock market. [read post]
27 May 2024, 2:27 pm by Michael Lowe
A great many federal criminal proceedings do involve appointed counsel, such as the attorneys employed as federal public defenders (FPDs) at the Federal Public Defender’s office for the Northern District of Texas. [read post]
27 May 2024, 12:25 pm by Lawrence Solum
He was convicted of stalking, under a law that does not require that the defendant threaten anyone in order to be guilty of the crime. [read post]