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29 May 2014, 5:00 am
Ethicon, 2002 WL 32151749, at *2 (W.D. [read post]
14 May 2019, 1:36 pm
The 11th Circuit reversed, holding that Section 3731(b)(2)’s three-year statute of limitations period: (1) does apply to relators in a qui tam action in which the government declines to intervene; and (2) does not begin until the government learns of the alleged fraud without regard to when the relator may have learned about the fraud. [read post]
12 Apr 2017, 1:26 pm
On appeal, the Supreme Court closely considered the res ipsa loquitur doctrine, noting that it required a plaintiff to prove (1) the event that caused the injury is one that ordinarily does not happen without negligence, (2) other possible causes, including the conduct of third parties, had been eliminated, such that the defendant was in exclusive control, and (3) the negligence was within the scope of the defendant’s duty to the plaintiff. [read post]
8 Feb 2022, 6:00 am
Note: Chapter 40, Section 1; Chapter 42, Section 2; Chapter 46, Section 2; and Chapter 47, Sections 1 and 2 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. [read post]
22 Mar 2006, 5:21 am
He was found to be a career offender in this bank robbery case based on 2 robbery convictions that had [read post]
3 Dec 2019, 4:48 am
For example, a guilty plea dispenses with the need for constitutional trial rights because a defendant who pleads guilty does not receive a trial. [read post]
27 Dec 2011, 12:45 pm
Titus last week granted the defendant's motion to dismiss, ruling the First Amendment overrides harassment allegations based on offensive Tweets and blog posts.As reported by the Legal Times blog (LegalTimes.typepad.com), Cassidy was indicted in February 2011, pursuant to a federal interstate stalking statute [18 U.S.C. sec. 2261A(2)(A)], which originally was passed as a component of the Violence Against Women Act of 1994. [read post]
2 Jun 2022, 4:18 pm
The Russian Offensive Campaign Assessments June 2, 2022 By Karolina Hird, Kateryna Stepanenko, Mason Clark, and George Barros Russian forces continued to make incremental, grinding, and costly progress in eastern Ukraine on June 2. [read post]
3 Jul 2009, 12:35 pm
(See Part 2 of 2.) [read post]
22 Sep 2010, 5:02 am
The Peer Spectre program is not a wiretap, and its use does not violate the Fourth Amendment. [read post]
28 Apr 2012, 2:19 pm
April 27, 2012) (2-1): To determine whether a constitutional violation has occurred, we first evaluate the level of force used to arrest Phillips. [read post]
16 Oct 2007, 7:02 am
B192640, 2007 WL 2782365 (Cal.App. 2 Dist. [read post]
25 Mar 2011, 11:38 am
Voting 2-1 to dismiss the suit, a panel of the U.S. [read post]
3 Apr 2009, 8:40 am
Muchnick, et al. (08-103), granted on March 2; it will be argued in the Term starting Oct. 5. [read post]
11 Apr 2014, 4:20 pm
Id. at 2. [read post]
9 Oct 2016, 11:54 am
Generally, a passenger is not negligent in riding with an intoxicated driver if she is unaware he is intoxicated, or she does not notice any facts that would arouse the suspicions of a person of ordinary prudence. [read post]
9 Mar 2017, 10:22 am
” “Continuing to repeat the fact that Defendant’s clientele is mostly women does not somehow make Defendant’s charitable donation to Step Up legally sufficient. [read post]
1 May 2019, 2:38 pm
Truck Insurance does not dispute that ordinarily Scout’s advertising injury would be covered and it would accordingly have a duty to defend, but contends that in this situation coverage was properly declined based on a prior publication exclusion found in the policy. [read post]
24 Nov 2014, 3:03 pm
FDIC, Defendant-Appellee. 11th Circuit. [read post]
11 Nov 2008, 12:28 am
" 815 ILCS 510/2. [read post]
