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27 Apr 2009, 4:38 am
Clearly, according to this Queens County Criminal Court Judge, it does not matter whether or not the defendant intended on injuring the complainant, but that she knew that her actions would cause an injury. [read post]
2 Oct 2019, 8:00 am
In a medical malpractice lawsuit, the Missouri Supreme Court affirmed the judgment against the plaintiffs following a jury verdict in favor of the defendants. [read post]
5 Apr 2022, 10:02 am
Although the statute gives all plan participants the green light to seek recovery, it does not relieve them of their burden to establish constitutional standing as a prerequisite to that relief. [read post]
26 Jun 2011, 8:23 am
I often get asked does an expungment of a crime also expunge the crime for immigration purposes. [read post]
4 Apr 2007, 4:45 am
Mar. 14, 2007) (Hibbler, J.).Judge Hibbler granted defendant-insurer summary judgment that it had no duty to indemnify or defend plaintiff-insured. [read post]
29 Mar 2009, 10:17 am
Recently, the Georgia Court of Appeals was asked to determine if the introduction of a prior independent act which places a defendant's character at issue should result in a mistrial when the defendant does not induce error nor open the door to the independent act. [read post]
23 Apr 2013, 6:22 pm
However, our reading of the statute does not support the defendant's argument. [read post]
9 Dec 2019, 11:13 am
A failure to perform a minor part of a contract does not constitute a material breach. [read post]
9 Dec 2019, 11:13 am
A failure to perform a minor part of a contract does not constitute a material breach. [read post]
31 Aug 2013, 2:15 pm
The case law also does not support the defendant's position. [read post]
17 Sep 2008, 6:54 pm
The First sayeth:Where, as here, a defendant agrees to waive his right to appeal but then appeals and does not address the appeal waiver in his appellate brief, "he forfeits any right to contend either that the waiver should not be enforced or that it does not apply. [read post]
10 Apr 2009, 12:32 am
Defendant's motion for summary judgment of invalidity for indefiniteness was granted. [read post]
8 Oct 2008, 4:56 am
Patent No. 5,236,940 does not qualify as an enabling prior art reference, and therefore, does not anticipate claims 1-5 of U.S. [read post]
26 Jan 2012, 1:28 am
According to an article called Dallas Firm Sues 'Doe' Defendant Over Online Review, the firm is upset over an anonymous online review that said, "Bad experience with this firm. [read post]
28 Dec 2015, 8:49 am
This year, EFF found the opportunity to use our expertise in free speech, privacy, and intellectual property to defend the rights of 2.2 million people that The Sentencing Project estimates are currently incarcerated in the United States. [read post]
5 Dec 2007, 4:19 pm
B202492 Petition for writ of mandate challenging dismissal of information charging defendant with continuous sexual abuse of a child and lewd acts on a child is granted where the one-year period of limitations under Penal Code section 803(f) does not begin to run upon a report of unlawful sexual conduct that does not include allegations of substantial sexual conduct. [read post]
26 Apr 2008, 7:11 am
That does not, however, make the arrest in violation of the Fourth Amendment because his allegations that some were not when some were does not even allege a violation of the Fourth Amendment. [read post]
3 Apr 2011, 9:23 pm
Previous drug sales does not make reasonable suspicion. [read post]
27 Jan 2012, 12:19 am
Lorenzo, 77 Hawai'i 219, 883 P.2d 641 (App. 1994).Recall that in May the ICA had required a court-appointed attorney to submit supplemental briefing of a sovereignty defense after the attorney had stated in the opening briefthat he is providing ineffective assistance of counsel on appeal as he "is incapable of properly asserting the 'Hawaiian Sovereignty' Defenses of the Defendant, since he does not agree with the Defendant's political position[.] [read post]
15 Oct 2021, 1:22 pm
How does the state prove recklessness? [read post]