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4 Sep 2011, 7:52 am by CrimProf BlogEditor
Rank Downloads Paper Title 1 442 Who’s Better at Defending Criminals? [read post]
27 Apr 2009, 5:48 am
The Bombardier court set out a three-part test to determine whether a claim qualified as relief pursuant to § 1132(a)(3), asking: does the Plan seek to recover funds (1) that are specifically identifiable, (2) that belong in good conscience to the Plan, and (3) that are within the possession and control of the defendant beneficiary? [read post]
9 Jun 2020, 12:00 am
In some car accident cases, the defendant-driver does not actually own the car that they were operating at the time of the accident. [read post]
20 Dec 2008, 2:09 pm
Shorts, No. 08-2188 (Dec. 16, 2008), that the Class Action Fairness Act's removal provision, 28 U.S.C. 1453(b), does not permit a counter-defendant to remove a class action counterclaim to federal court. [read post]
17 Jul 2009, 8:23 am
The Fifth District explained that while providing a final payment affidavit is a condition precedent to a statutory lien foreclosure claim, that condition can be waived where the defendant does not raise its failure with particularity in the answer. [read post]
9 Nov 2016, 12:44 pm by Workplace Prof
Friend-of-blog (and EEOC General Counsel) David Lopez sends along a fascinating case from a federal district court in the Western District of Pennsylvania which denied a motion to dismiss based on the Defendant's argument that Title VII does not protect... [read post]
13 Nov 2019, 3:15 pm by Family Law
From Catholic News Agency New Hope Family Services, a Christian non-profit, is defending its long-standing child placement program from New York state officials who say it must shut down if it does not place children with same-sex and unmarried couples.... [read post]
24 Jun 2013, 9:34 am by Jeff Welty
But sometimes officers will charge a defendant and then decide to obtain a search warrant to seek additional evidence. [read post]
17 Jan 2008, 4:20 pm
Lyle Roberts does such a good job summarizing with links, I'm just going to plagiarize his excellent post:As it turns out, trials remain a risky business for both plaintiffs and defendants. [read post]
14 Jun 2016, 8:16 am by scanner1
.; BURNS AUCTION & APPRAISAL, LLC; and JOHN DOES 1-5, Defendants and Appellants. [read post]
6 Oct 2007, 12:55 pm
But Bush's declaration that the United States "does not torture people"... [read post]
21 May 2021, 1:29 pm by Gideon Alper
In Florida, a default judgment can be entered when a defendant is served with a lawsuit but does not respond in time. [read post]
11 Sep 2011, 8:22 pm by CrimProf BlogEditor
Rank Downloads Paper Title 1 459 Who’s Better at Defending Criminals? [read post]
6 Apr 2016, 8:00 pm by John Ehrett
United States 15-1140 Issue: Whether a defendant may be convicted of federal criminal fraud when the purported victim has suffered no loss of tangible property, but has instead only been deprived of the intangible “right to control” with whom it does business. [read post]
13 Apr 2009, 12:28 am
Does the right of confrontation, as explained by the U.S. [read post]
17 Nov 2017, 4:55 pm by Washington Landlord Attorney
  Sometimes a tenant does not bother to defend an eviction case and loses by default. [read post]
12 Jun 2019, 1:00 am by Thaddeus Mason Pope, JD, PhD
Major themes include:Apnea testing does not diagnose brain death; it causes brain death. [read post]
31 Dec 2008, 10:42 am
§ 1332(a)(2) does not grant jurisdiction over a case in which there are foreign and domestic plaintiffs against a foreign defendant. [read post]