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25 Aug 2009, 2:28 pm
  Asked if he was a defendant in any other lawsuits, he responded: "I could be. . . . [read post]
10 May 2013, 10:29 am
But the ideas central to that case, namely that the defendant is entitled to be tried by his "peers" certainly does. [read post]
10 Jan 2021, 11:00 pm by Daniel E. Cummins, Esq.
R.C.P. 1028(a)(4) does set a high bar of what must be alleged in a Complaint in order to allow a Complaint to proceed, the rule does not require “a tell-all chronicle verbosely stuffed with details” or an exhaustive inventory of the evidence underlying the claim presented. [read post]
7 Sep 2013, 1:01 pm
In these cases, the defendant can petition the Florida court to have his/her trial, or otherwise have his/her case resolved, here in Florida, and the Florida case could be dismissed if the state does not act accordingly. [read post]
24 Jan 2013, 11:54 am
How well a criminal defense attorney does these things often will determine the defendant's fate. [read post]
1 Apr 2014, 5:23 pm
Maybe the most surprising of all is that in New York, a Defendant's deadline to answer can depend upon what the Plaintiff does after it serves the summons and complaint on the Defendant. [read post]
31 Oct 2019, 4:45 pm by Cross & Smith
The post Does the Existence of a Warning Sign Affect My Slip and Fall Claim? [read post]
19 Jan 2013, 3:06 pm
Being in pari delicto, defendant-wife does not come before the court with clean hands, and she is scarcely in the position to seek to have plaintiff-husband punished as a perjurer or even to have his words used against him. [read post]
6 Jul 2012, 10:29 am by Angela Haynes
The court reviewed the definitions for the terms “sexual contact” and “sexual act,” as used under the statute and the guideline, to conclude that “sexual contact” does not require contact with the minor victim. [read post]
7 Mar 2008, 4:25 am
Defendant does not contend that he was touched, that the Officers displayed any weapons, held his identification for a prolonged period of time, or otherwise indicated that he was not free to leave. [read post]
17 Feb 2022, 8:08 am by Scott Riddle
”  Thus, their argument goes, judgments have effect from the date of judgment and bind the property of the defendant from that time. [read post]
31 Mar 2014, 6:04 am by Seth Parker
She is now in your office, wants off the Titantic, but does not want her life to change. [read post]
14 Nov 2013, 2:18 pm
  Overseas Direct cross-moved for its fees in defending the motion.The Court explained that a plaintiff that recovers less than an offer of judgment can be liable for costs under Rule 68, and that those costs can include attorneys' fees where the underlying statute allows them, as the Copyright Act does here. [read post]
2 Jan 2014, 6:54 am
  In rejecting the defendants' argument, Judge Castel first noted that a "loss on summary judgment does not . . . lead to a presumption that a claim was objectively baseless," and accepted Wireless Ink's contention that its reliance on its expert witness was reasonable. [read post]