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12 Apr 2010, 5:44 am
Does the speaker take the fall? [read post]
31 Jul 2008, 7:51 pm
Maryland, 373 U.S. 83 (1963) issue as to one defendant. [read post]
22 Apr 2021, 2:15 pm
Supreme Court ruled today that Section 13(b) of the Federal Trade Commission Act (Act) does not authorize the FTC to seek, and a court to award, monetary relief such as restitution or disgorgement. [read post]
5 Oct 2009, 4:30 am
"evidence that plaintiff contacted defendant concerning his dispute with Utica National does not establish the existence of an attorney-client relationship absent further evidence of an "explicit undertaking [by defendant] to perform a specific task" (Wei Cheng Chang v Pi, 288 AD2d 378, 380, lv denied 99 NY2d 501; see McGlynn v Gurda, 184 AD2d 980, appeal dismissed and lv denied 80 NY2d 988). [read post]
19 Jun 2015, 8:31 am
LGI had recently made a decision to drop the “Yves” from their “Saint Laurent” mark, which inspired the defendant Jeanine Hellier and her company to create a shirt that read “Ain’t Laurent Without Yves. [read post]
1 Apr 2009, 12:30 am
To the extent Defendant argues that [the expert's] opinion contradicts the intrinsic evidence or that [she] does not have expertise in the specific technical area of the [patent-in-suit], the Court finds that these issues merely impact the weight that should be given to [her] opinion. [read post]
9 Feb 2011, 2:29 pm
The trial court’s voir dire of the defendant regarding his understanding of the plea form and the possible immigration consequences does not relieve counsel of his duty to provide effective assistance of counsel by properly advising his client of said consequences. [read post]
23 Jun 2010, 8:10 am
"[T]he mere fact of mismarking a product does not necessarily show knowledge or intent. [read post]
13 Feb 2007, 7:08 am
"It has taken many years, but the court finally has concluded that it is authorized to hold, and does hold, that a district court, in sentencing a defendant, may properly take into account the fact that the 100-to-1 ratio embedded in the Sentencing Guidelines for crack-to-powdered cocaine offenses bears no meaningful relationship to a defendant's culpability. [read post]
12 Dec 2007, 7:06 am
Smith, does your t-shirt say 'I'm really GOOD and being BAD? [read post]
7 Apr 2012, 9:42 am
The fact the search started immediately does not prove that the inventory was pretextual. [read post]
15 Apr 2019, 2:08 pm
A defendant who is charged with a sex crime is afforded the right to an attorney even if he or she does not have sufficient funds to hire an attorney, in which case one will be appointed. [read post]
12 Apr 2017, 5:00 am
Doe et al., No. 16-222-cv, 2016 BL 292694 (2d Cir. [read post]
20 May 2008, 10:09 am
Harris and colleagues (2006) examined settlement decisions in medical malpractice litigation, and studied the importance of the witness potential of the defendant physician, the witness potential of the plaintiff, and the reputation of the plaintiff's attorney... [read post]
16 Aug 2020, 1:19 pm
" In other words, it will not count when calculating whether a defendant's speedy trial rights have been violated. [read post]
14 Oct 2011, 4:07 am
The Supreme Court of Ohio ruled today that when a trial court makes a “nunc pro tunc” (now for then) entry in its journal to correct a clerical omission in a prior judgment entry recording a criminal conviction, the correcting entry is not a new “final order” in the case that triggers a new right of appeal by the defendant. [read post]
28 Feb 2017, 7:10 am
The Court does agree with [defendant] that '[t]here must be some reasonable cut-off date after which [the plaintiff] cannot further expand the case simply because [the defendant’s] product cycle has outpaced the resolution of this case.' But because of the lengthy stay of this litigation and the relatively early stage at which the parties find themselves procedurally, that 'reasonable cut-off date' will be the date of this order. [read post]
23 May 2016, 12:54 pm
The Court of Appeals held that regardless of whether a physician is required or permitted by law to report instances of abuse or threatened future harm to authorities, which may involve the disclosure of confidential information, it does not follow that such disclosure necessarily constitutes an abrogation of the evidentiary privilege a criminal defendant enjoys under CPLR 4504 (a). [read post]
14 Jun 2017, 7:29 am
The fact that defendants may communicate by email or telephone with customers in the Southern District of Ohio or ship product from Texas to customers in this district does not establish that defendants have a permanent and continuous presence here. . . . [read post]
29 Nov 2012, 10:58 am
A person does not have to actually go all the way into the structure. [read post]
