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10 Mar 2008, 3:51 pm
However, a subsequent petition will not be barred if (1) the facts underlying the claim were unknown to the defendant or the defendant's attorney and could not have been ascertained by the exercise of due diligence prior to the filing of the earlier application, and (2) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would have reasonably led the original trier of fact to have either found the defendant not… [read post]
4 Apr 2014, 1:38 pm
Miller named 500 Festival and FedEx as defendants. 500 Festival and FedEx defended on Section 230 grounds. [read post]
4 Dec 2007, 4:19 am
Giant of Maryland, LLC, ___ F.3d ___, 2007 WL 3404447, *1 (D.C. [read post]
26 Jul 2017, 4:27 am
Does 1-7, No. [read post]
26 Jul 2017, 4:27 am
Does 1-7, No. [read post]
30 Jul 2016, 4:19 pm
However, the value of the case should not be overstated since the defendants did not respond to any correspondence nor did they contest the court hearing. [read post]
18 Feb 2018, 10:36 am
In the Russian case, the defendants are not actually government employees. [read post]
13 Feb 2015, 7:42 am
Plaintiffs challenged Beauvais’s story about buying storage units, and also argued that “[m]ysterious found goods of an unknown origin and unknown nature does not prove a first sale enabling [d]efendant to sell product as new[.] [read post]
12 May 2014, 6:36 pm
Counsel also spent an extensive amount of time successfully defending a proceeding for the revocation of the letters of administration issued to the Public Administrator. [read post]
11 Nov 2010, 4:49 am
Self-defense requires a showing that (1) the defendant wasn’t at fault in creating the situation giving rise to the affray, (2) he had a legitimate belief he was in danger of death or great bodily harm, and (3) he didn’t violate any duty of retreat. [read post]
10 Nov 2015, 8:00 pm
Denbo 15-319Issue: (1) Whether a claims administrator with no obligation to pay benefits under an Employee Retirement Income Security Act plan is a proper defendant in a Section 502(a)(1)(B) action for benefits due under that plan; and (2) whether a Section 502(a)(3) claim can be dismissed on the pleadings because a proper Section 502(a)(1)(B) claim would fully remedy the plaintiff's injury. [read post]
4 Mar 2010, 10:58 am
March 1, 2010). [read post]
27 Nov 2023, 9:00 am
" "Such a delegation of legislative power," it wrote, "is unknown to our law and is utterly inconsistent with the constitutional prerogatives and duties of Congress. [read post]
7 May 2022, 10:24 am
In response, on March 1, 2019, the defendant "tweeted" (i.e., posted) a screenshot of that portion of the conversation on his Twitter (social media) feed, and, in his accompanying comments, accused the plaintiff of making "threats. [read post]
22 Jan 2014, 6:09 am
’ § 2712(b)(1). [read post]
19 Apr 2016, 5:13 am
What is the source of Bernie Sanders' ability to raise billions of dollars, bring out to rallies supporters in the tens of thousands, and run neck-and-neck in national polls,having been an unknown but months ago? [read post]
31 Mar 2012, 12:40 pm
" In affirming the trial court's decision, the Fifth District stated that "a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]
13 Jul 2011, 4:00 am
(Article 1 of the Convention does indeed say that the Convention does not apply when the defendant’s address is “not known”). [read post]
21 Jul 2011, 2:01 pm
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty. [read post]
21 Jul 2011, 2:01 pm
An indictment is merely a formal charge that a defendant has committed a violation of the federal criminal laws, and every defendant is presumed innocent unless, and until, proven guilty. [read post]
