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12 Nov 2019, 4:00 am
Supreme Court granted DOE's motion and denied Plaintiff's cross motion for leave to file a second amended complaint. [read post]
12 Nov 2019, 4:00 am
Supreme Court granted DOE's motion and denied Plaintiff's cross motion for leave to file a second amended complaint. [read post]
12 Nov 2019, 4:00 am
Supreme Court granted DOE's motion and denied Plaintiff's cross motion for leave to file a second amended complaint. [read post]
1 Mar 2011, 12:18 pm
If there isn’t a foreign arbitration agreement between a foreign entity and the U.S. entities with which it does business, maybe there should be. [read post]
8 Jan 2012, 9:00 pm
I was pleasantly surprised that she took on this amicus task, including that she works at a law firm that does not list criminal defense among its practice areas. [read post]
10 Dec 2021, 9:35 am
The state does not have a duty, said the court, to seek out evidence that might hurt their case. [read post]
9 Oct 2009, 7:42 pm
In an action for tuition reimbursement under the Individuals with Disabilities Education Improvement Act (IDEA), summary judgment for defendant department of education is affirmed where: 1) because the IDEA does not require that an Individualized Education Plan (IEP) name a specific school placement, plaintiff-child’s IEP was not procedurally deficient; and 2) there was substantial evidence [...] [read post]
5 Sep 2006, 1:46 pm
Today's is part 2.So far, the article has been very well written and fair to PDs, putting us in a better light than we are normally put. [read post]
6 Jul 2011, 5:33 am
§112, ¶2. [read post]
11 May 2024, 4:14 am
The bill goes on to permit the judge to exclude propensity evidence if, like FRE 413, the probative value is outweighed by prejudice. 2. [read post]
4 Jul 2016, 2:10 pm
Accordingly, the defendant avers that he intends to process the raw data through two (2) different software programs and that he may retain an expert.People v. [read post]
3 Aug 2021, 6:30 am
But he goes on to say that Perez does not have any protections under the Second Amendment. [read post]
23 Apr 2024, 10:12 am
This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. [read post]
13 Apr 2014, 9:06 am
That the defendant knowingly participated in the commission of a crime; 2. [read post]
7 Mar 2013, 9:00 am
Insurance in its most common form (and certainly the policies Federal wrote here) does two things: 1) indemnify someone, or some business, for judgments or settlements against them in civil cases, and 2) defend someone, or some business – or pay defense costs in civil (and, in rare cases, criminal) matters. [read post]
2 Aug 2011, 10:54 am
photo credit: cobalt123 A district court in the Northern District of Illinois granted a preliminary injunction on July 27, against an online video service, finding both (1) knowledge of infringement sufficient to support contributory liability and (2) unavailability of the DMCA safe harbor defense based upon the defendant’s failure to enact and enforce a reasonable [...] [read post]
31 May 2024, 8:12 pm
This has led to Oregon indigent defendants being jailed for months without ever reaching trial. [read post]
9 Oct 2009, 3:00 am
" "[Defendant] argues that [plaintiff] had notice but does not explain why it failed to supplement. [read post]
12 May 2008, 7:25 am
§4A1.2(a)(2) (pre-Nov. 1 2007 version) where the defendant was sentenced for those offenses on the same day before the same judge. [read post]
7 May 2018, 9:10 am
Two questions are raised from this opinion: (1) does a defendant need to know the type or nature of the “merchandise, article, or object” he was illegally exporting (here ammunition); and (2) if a spare tire falls 300 meters from the border, does anyone see it? [read post]