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18 Aug 2017, 9:53 am by Steven Cohen
 In addition, his report does not tell the jury what conclusion to reach. [read post]
20 Jun 2013, 7:20 am
UPDATE 2: Here's the PDF of the Descamps opinion. [read post]
22 Sep 2024, 9:25 am by Russell Knight
“It is generally recognized by the Illinois courts, however, that to prevail on a claim for tortious interference with a prospective economic advantage, a plaintiff must prove: (1) his reasonable expectation of entering into a valid business relationship; (2) the defendant’s knowledge of the plaintiff’s expectancy; (3) purposeful interference by the defendant that prevents the plaintiff’s legitimate expectancy from ripening into a valid business… [read post]
26 Feb 2018, 7:54 pm
., 2/8/2018)Those who have attended my law firm's New York Coverage seminars over the years have heard me preach that every coverage analysis starts with the policy or, more particularly, reading and re-reading the policy.The plaintiff in this case sought indemnification coverage under its general liability policy with the defendant insurer for claims of purely mental injury. [read post]
21 Dec 2013, 6:09 am by John Day
 When reviewing a trial court's grant of remittitur, Tennessee appellate courts will conduct a three-step review consisting of (1) the trial court's reasons for granting a remittitur; (2) the amount of the reduction to ensure it does not destroy the jury's verdict; (3) the evidence related to damages to assess whether the proof is consistent with the remittitur. [read post]
17 Jan 2014, 6:20 am
Judge Pitman noted that the “parties’ dispute presents two issues for resolution: (1) was there a meeting of the minds on the existence of a settlement, and, if so (2) is the mark SKINNY with respect to food for humans or pets within the injunction to which the defendants agreed. [read post]
28 Dec 2015, 5:00 am
 Secondly, Dollar is a self-insured entity and does not issue automobile policies to individuals or other entities. [read post]
4 May 2015, 9:14 am
In order to convict, the state must prove (1) that the conduct of the defendant caused the death, (2) that the defendant’s conduct created a very high degree of risk to the life of Freddie Gray, and (3) the defendant, conscious of such risk, acted with extreme disregard of the life-ending consequences. [read post]
11 Nov 2013, 10:24 am
There are now more restrictions as to the circumstances in which a Court can waive the installation of an interlock device, and the defendant must now swear under oath that he or she does not own, operate, or have access to a motor vehicle and will not drive a car unless it is equipped with the device and he or she is otherwise eligible to drive. 2. [read post]
18 May 2021, 12:54 pm by Jon Sands
The 9th reiterates that a Court does not personally have to explain the elements of the offense. [read post]
18 Jun 2013, 8:28 am
  The Alleyne case does not appear, for example, to affect a sentencing court finding that the defendant acted as an Organizer, Manager or Leader, or that the defendant Obstructed Justice. [read post]