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29 Dec 2009, 7:28 am
These three contributions are from a retired state judge in Houston:1) In a trial before the late Judge Joe Kegan (230th District Court), the assistant district attorney asked: "Without saying anything, tell the jury what you did next. [read post]
28 Dec 2009, 7:19 pm
The district court ordered Old Colony to pay. [read post]
24 Dec 2009, 8:02 pm
The district court did not abuse its discretion in admitting i4i’s evidence as to damages or in granting enhanced damages. [read post]
24 Dec 2009, 12:28 am
Appeals Court Knocks Out Lipitor Suits on Jurisdictional Grounds The American Lawyer Last year, a New York appeals court affirmed lower court dismissals of three product liability actions against Pfizer by Michigan residents over injuries they allegedly suffered from taking the anti-cholesterol drug Lipitor. [read post]
22 Dec 2009, 8:57 pm
Microsoft also appeals two issues regarding the validity of i4i's patent. [read post]
22 Dec 2009, 5:30 pm
This issue was recently addressed by the 13th District Court of Appeals in State v. [read post]
21 Dec 2009, 1:06 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
18 Dec 2009, 3:45 am
The 5th District's decision last week in State v. [read post]
16 Dec 2009, 11:11 am
Quartman) was denied, and after the Fifth Circuit Court of Appeals initially granted him a certificate of appealability on two issues relating to his claim of ineffective assistance of counsel in the guilt phase of his trial. [read post]
14 Dec 2009, 3:44 am
You wouldn’t think that it would take the Supreme Court to tell the court of appeals that it shouldn’t apply Wilson retroactively and toss out Eric’s appeal as untimely. [read post]
13 Dec 2009, 4:05 pm
The motion will be filed on the 5th Circuit of the United States Court of Appeals. [read post]
11 Dec 2009, 6:31 am
Bowden Issue: Whether the notice requirements of 21 U.S.C. 851(a) - providing that no defendant may be sentenced to an enhanced statutory penalty for a drug offense based on prior drug convictions unless the government files and serves an information "stating in writing the previous convictions to be relied upon" - are "jurisdictional," such that they must be noticed on appeal or collateral review regardless of whether the defendant preserved the claim in the… [read post]
10 Dec 2009, 3:50 pm
The Texas Court of Criminal Appeals has long held that the Due Process Clause of the 14th Amendment is violated where the State knowingly uses perjured testimony to obtain a conviction. [read post]
9 Dec 2009, 10:19 pm
State, 752 So. 2d 84 (Fla. 5th DCA 2000). [read post]
9 Dec 2009, 12:48 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
9 Dec 2009, 12:48 pm
Olis, 429 F.3d 540 (5th Cir. 2005); United States v. [read post]
9 Dec 2009, 11:29 am
It's not good material for appeal or certiorari, either, as the Eastern District of Pennsylvania also held "Even if the tolling provision applies, as [plaintiff] argues it does, the result would be the same. [read post]
8 Dec 2009, 12:44 pm
In May 2008, the United States District Court for the Southern District of Texas, in a case titled Jones v. [read post]
8 Dec 2009, 10:29 am
Last Friday, attorneys for NISD complained in oral argument before the 5th Circuit Court of Appeals that the district court improperly substituted its judgment for that of school administrators about how best to implement the school's grooming code. [read post]
7 Dec 2009, 4:09 am
The federal government moved to dismiss the class action claims against it for failure to exhaust administrative remedies; the district court granted the motion and plaintiffs did not appeal that ruling. [read post]
