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28 Aug 2024, 7:40 am by Alex Phipps
The trial court expressed concern over giving a castle doctrine instruction, and ultimately altered the instruction with the following: “However, the defendant does not have the right to use excessive force. [read post]
6 May 2011, 11:02 am by Rebecca Tushnet
Where does the investment come from? [read post]
13 May 2024, 6:45 am by Rebecca Tushnet
” But they didn’t: the false advertising claim requires that defendants (1) engaged in “deceptive or unconscionable trade practice[s]” and (2) those practices involved “consumer goods or services. [read post]
27 Nov 2016, 11:30 pm
The defence might entitle a defendant to continue to use its own name or mark but it does not give a right to use the claimant’s mark. [read post]
8 Nov 2013, 2:51 pm by Stephen Bilkis
The record in this case does not support a finding that defendant has had a history of substance abuse, under either of these definitions of the term. [read post]
1 Jul 2008, 2:58 pm
THE STATE DOES NOT DISPUTE THAT THE 1995 POLICY DOES NOT PROHIBIT THE DISTRICT COURT FROM APPOINTING THE FEDERAL DEFENDER........................................ 13 IV. [read post]
10 Mar 2016, 8:20 am by Jon Sands
  Does violence run riot? [read post]
8 Jun 2021, 10:37 am by Jon Sands
As amended, § 3553(f)(1) requires a defendant to prove that he or she “does not have” the following: “(A) more than 4 criminal history points . . . [read post]
11 Nov 2013, 3:09 pm by Kirk Jenkins
 According to Section 2-1115 of the Code of Civil Procedure, 735 ILCS 5/2-1115, punitive damages are not available in an action for medical or legal malpractice. [read post]
27 Jun 2013, 12:53 am by David Cheifetz
  The trier of fact may, upon weighing the evidence, draw an inference against a defendant who does not introduce sufficient evidence contrary to that which supports the plaintiff’s theory of causation. [read post]
1 Nov 2009, 10:12 am by Aaron W. Smith
Defendants argued that the symptoms were actually more consistent with coronary artery disease and that even if the correct diagnosis had been made, Doe would not have survived the necessary surgery. [read post]
19 Mar 2008, 7:00 am
  Does the government have a good argument that the crime has a nexus to interstate commerce? [read post]
1 Nov 2016, 9:13 am by Daniel Shaviro
  But there is going to be an ongoing social science debate about this, which I believe their side will decisively win.2. [read post]
24 Oct 2009, 4:20 pm by Carl Folsom
The COA noted, "when the defendant files a motion, only a reasonable time to process the motion may be charged against the defendant. [read post]