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23 Feb 2017, 7:41 am
There is simply no reliable support in the record for [plaintiff's] notion that [defendant] might pay more for earlier, guaranteed access to newer technology. [read post]
9 Sep 2011, 12:27 pm
The purpose of the observation period is to make sure the defendant does not eat or drink anything, vomit or burp in the fifteen minutes before a the test is requested. [read post]
24 Dec 2010, 1:48 pm
Although the Obama Administration has moved aggressively to utilize the Clean Air Act to impose regulations controlling greenhouse gas emissions, it does not appear as eager to deploy the ESA as well. [read post]
27 May 2020, 6:15 am
.): 18 Magistrate Report 24 US Response 29 Defendant Response 30 DCT Order [read post]
5 Dec 2018, 3:04 pm
The case was about a possible infringement of the plaintiff’s commercial designation (company name or trade name, the decision does not show the designation) by use of a photo depicting a sign as marginally shown below on the defendant’s website. [read post]
4 Aug 2013, 10:00 pm
It was not clear from the suit who the second John Doe defendant was in relation to the incident. [read post]
22 Jan 2008, 4:36 am
If a tree falls in a forest, and only an aboriginal hears it, does the Forest Service care? [read post]
28 Apr 2022, 10:34 am
The case is closed and the insurer does not have to pay. [read post]
16 Jan 2007, 6:51 am
Although Defendants ultimately determined Hudson was not stealing the vehicle, that does not mean Defendants did not have reasonable suspicion to perform the stop. [read post]
27 Jan 2021, 8:38 am
Does this matter? [read post]
9 Jan 2013, 10:14 am
The panel wrote that the district court consistently presumed for purposes of the transfer decision that the defendant would be convicted of one or both charges, and that the presumption of guilt for this purpose does not violate the defendant’s due-process rights. [read post]
9 Feb 2012, 6:33 am
An acquittal in a criminal case does not preclude the Government from relitigating the issue in an immigration related proceeding or any other proceeding where the action is governed by a lower standard of proof. [read post]
12 Jun 2008, 6:28 pm
Does 1-4. [read post]
31 Aug 2009, 9:23 am
Disagreeing with the Tenth Circuit, the Ninth Circuit, on a Gant remand, holds that the good faith exception does not apply under Gant. [read post]
13 Jul 2011, 11:57 am
Upon reconsideration, the Northwest Pump Court clarified that “an insurer’s breach of the duty to defend does not give rise to a duty to indemnify unless the underlying claim is covered. [read post]
22 Jan 2007, 9:10 pm
Plaintiff’s complaint, filed in the Western District, alleges that defendants’ MOONRAY name, mark, and “moon” design used in connection with their coffee house infringe plaintiff’s MOONSTRUCK name, federally-registered marks, and “moon” design used in connection with plaintiff’s chocolates and “chocolate cafes.” The case was assigned to Judge James Robart. [read post]
3 Jun 2020, 9:00 pm
Defendants in this misdemeanor situation face a range of at least one day and up to six months in jail. [read post]
7 Aug 2009, 5:00 am
Corporate litigators, I am sure, would never miss the fact that substantive rights mean little apart from the process through which they can be asserted, defended and elaborated in court (and by implication, in settlement negotiations). [read post]
30 Aug 2023, 4:21 am
The indictment does not establish particularly strong connections to such individual actions as part of this conspiracy. [read post]
11 Aug 2011, 10:40 am
Maryland, 523 U.S. 185(1998), it is clear that a redacted confession of a non testifying co-defendant may be admitted as long as the redaction does not "obviously" referto the defendant. [read post]
