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27 Sep 2017, 4:20 pm
We have also represented and defended consumers First Amendment and free speech rights to criticize businesses who are guilty of consumer fraud and false advertising. [read post]
14 Jan 2014, 4:34 am
The ADA permits employers to conduct medical exams after an employer makes a conditional job offer, but before the employee starts work, as long the employer does so for all entering employees in the same job category. [read post]
1 May 2014, 2:37 pm
A person does not want to claim ownership of something that contains incriminating evidence. [read post]
1 Mar 2011, 11:27 am
A routine bad check case does not fall under § 1344, but under the relevant state law. [read post]
Supreme Court Narrowly Upholds 8th Amendment Protection for Mentally-Ill Defendants Facing Execution
28 Jun 2007, 1:52 pm
In a troublingly close 5-4 decision, the Supreme Court of the United States reaffirmed that a mentally ill person is entitled to Eighth Amendment protection if he does not have a rational understanding of the reason for his execution. [read post]
23 Aug 2020, 2:46 pm
Only New York, notes The Associated Press, does not count coronavirus fatalities as nursing home fatalities if they occur in any setting other than a nursing [read post]
21 May 2008, 10:01 am
The same is true even when the defendant agrees to a sentencing cap or range. [read post]
19 Jul 2013, 10:03 am
In granting defendant's motion for summary judgment on a patent exhaustion defense, the court rejected defendant's argument that plaintiff bore the burden of proving a lack of exhaustion with respect indirect infringement claims. [read post]
7 May 2021, 1:58 pm
Thus, this case shows that even when a decision on summary judgment was not a close call by the court, this still does not mean the case is necessarily “exceptional” within the meaning of the Patent Statute such that a defendant can just expect its attorney’s fees to be awarded. [read post]
1 Oct 2018, 7:44 am
Keep in mind that this does not necessarily apply to statements that you make voluntarily and without being asked. [read post]
16 Mar 2018, 12:10 pm
Because while the judges have no power to go under mandatory minimum sentences (with a few exceptions in federal court), the prosecutor can always waive the mandatory minimum sentence or amend the charge to a different charge that does not come with a mandatory minimum prison sentence to strong arm a defendant into a plea. [read post]
8 Dec 2014, 7:18 am
What Does “Great Bodily Injury” Assault by Means of Force Likely to Create Great Bodily Injury ((PC 245(a)(4)) In Riverside County or Orange County? [read post]
5 Feb 2009, 1:42 pm
The Court also held that the common law does not necessarily preclude a subrogated claim when the insured has been fully indemnified. [read post]
21 Jan 2011, 4:08 pm
She granted Chen's request to be allowed to travel abroad, provided he does not meet with any of his co-defendants, some of whom are expected to be in Taiwan at the same time. [read post]
30 Jul 2018, 1:26 pm
Why, they ask me, does the system keep punishing my child for these crimes he or she commits (crimes driven only by his or her mental illness), rather than providing mental health treatment? [read post]
6 Jun 2020, 9:16 am
How Does Qualified Immunity Work? [read post]
22 Dec 2015, 6:53 am
The plaintiff (Jane Doe) hired two experts to assist in her case, both of which were challenged by the defendant. [read post]
26 Jul 2023, 8:13 am
Doe apparently falls into the latter category. [read post]
27 Feb 2012, 5:00 am
Why is it that a defendant who first loses on class certification and then wins later on what amounts to reconsideration (partial or complete) achieves a result that a defendant who wins on class certification the first time does not? [read post]
17 May 2017, 6:27 am
Doe (brought in another Florida court by lawyer Eric S. [read post]
