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1 Mar 2016, 6:50 am by Second Circuit Civil Rights Blog
In certain claims, the fees are paid by the losing defendant. [read post]
12 Nov 2013, 3:37 am
If you are eligible for a Conditional Discharge, it does not mean that you will automatically enter into the Program. [read post]
26 Apr 2021, 4:00 am by Public Employment Law Press
Town of Orchard Park, 356 F.3d 365, the Circuit Court explained "[w]hen a defendant voluntarily ceases conduct that a plaintiff alleges to be unlawful, the plaintiff’s case usually becomes moot if  'the defendant can demonstrate that (1) there is no reasonable expectation that the alleged violation will recur and (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.'"   Agreeing… [read post]
26 Apr 2021, 4:00 am by Public Employment Law Press
Town of Orchard Park, 356 F.3d 365, the Circuit Court explained "[w]hen a defendant voluntarily ceases conduct that a plaintiff alleges to be unlawful, the plaintiff’s case usually becomes moot if  'the defendant can demonstrate that (1) there is no reasonable expectation that the alleged violation will recur and (2) interim relief or events have completely and irrevocably eradicated the effects of the alleged violation.'"   Agreeing… [read post]
27 Jun 2013, 4:00 am
” It is the purported failure to follow these promotion procedures that MF challenged and the CBA, said the court, “does not carve out a separate right regarding these procedures that can be enforced by an employee directly against defendants. [read post]
14 Aug 2008, 11:55 am
Thus, by including mens rea of recklessness in definition of offense, use of force was not element of conviction for assault against public servant.(2) Sentence enhancement provision at U.S.S.G. [read post]
27 Mar 2021, 12:07 pm by Lawrence B. Ebert
" The record does not include information that counsel's failure to appear was the result of defendant's non-payment. [read post]
11 Feb 2020, 8:24 am by Wystan Ackerman
The Ninth Circuit does not have a separate ascertainability requirement, but this is a good example of how a defendant can effectively make an argument about the class definition under the superiority criterion for class certification. [read post]
15 May 2013, 8:57 am by Florian Mueller
I'll quote the relevant section from Google's reply brief and a related footnote:"2. [read post]
25 Aug 2012, 4:22 pm
Accordingly, the court concluded that as the Board's determination in this case is supported by the record and does not display irrationality bordering on impropriety. [read post]
16 Jul 2020, 6:33 am by Phil Dixon
(1) Plaintiff stated claim for a free speech violation where Sheriff allegedly interfered with legal mail; defendants were not entitled to qualified immunity; (2) Qualified immunity applied to alleged Fourth Amendment violation; other claims were waived Haze v. [read post]