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17 Feb 2012, 10:52 am by Steven Boutwell
” The court said “whether information is discoverable under Rule 26(b) does not turn on the existence of an exact match in capitalization in phrasing. [read post]
16 Mar 2017, 6:30 am by Jane Chong
Just as PASPA does not affirmatively require states and localities to prohibit sports gambling (but apparently does prevent them from too cleverly repealing specific pre-existing prohibitions on sports gambling), § 1373 does not affirmatively require states and localities to provide information about individuals’ immigration status to ICE. [read post]
23 Sep 2008, 8:56 am
That's the crux of the concerns raised in the Chronicle story by the defense bar:Criminal defense lawyer Tate Williams said the plan does not go far enough to eliminate the appearance of impropriety. [read post]
14 Mar 2016, 9:58 am by Neumann Law Group
” While normally a person does not have an affirmative legal duty to aid or protect another person, the Michigan court of appeals has held that a duty to aid or protect another may be imposed where a “special relationship” exists between parties. [read post]
13 Nov 2009, 2:44 pm
* What does it take to legally disturb a grizzly bear in San Francisco? [read post]
21 May 2012, 6:41 pm by ebcarpenter
  The appellate court mentioned, “a defendant cannot knowingly acquire or possess that which he or she does not know exists. [read post]
8 Feb 2013, 9:13 am by Daniel Richardson
  The State’s Attorney does not appeal, but it argues, ironically, the same thing. [read post]
28 Oct 2014, 6:46 am by Second Circuit Civil Rights Blog
Everything a litigator does requires consideration of the rules of evidence. [read post]
21 Dec 2013, 11:33 am
Such a law does not become punitive simply because its impact, in part, may be punitive unless the only explanation for that impact is a punitive purpose. [read post]
11 Jun 2008, 9:06 pm
Yesterday defendant Tim Donaghy (and former NBA ref) submitted a letter to the federal judge who will sentence him shortly for various federal offenses involving match fixing. [read post]
20 Jan 2011, 6:58 am by Legal Profession
The Wisconsin Supreme Court has imposed a four-month suspension of an attorney for a number of ethical violations that included overbilling the state public defender in numerous matters and falsely telling a judge in a litigated matter that he had... [read post]
17 Aug 2015, 9:17 am
We discuss the implications of this disparate impact on the constitutionality of Colorado’s death penalty regime, concluding that the Colorado statute does not meet the dictates of the Eighth Amendment to the Constitution. [read post]
17 Jan 2014, 7:04 am by Docket Navigator
[T]his Court does not believe that the record demonstrates that [plaintiff] engaged in predatory behavior by secretly 'lying in wait' to build a billion dollar damages case. . . . [read post]
25 Oct 2017, 2:27 pm by Howard Friedman
This Court, as others, obviously does not make every decision to vindicate a principle. [read post]
22 Jan 2014, 5:53 pm
BennettHolding: A business operator does not have implied duty to protect the public from lawful actions of third parties partaking in the business’ activities.Facts: Plaintiff was struck in the leg by a golf ball while living in a condominium adjacent to a golf course owned by the Defendant. [read post]
18 Jul 2017, 8:05 am by Docket Navigator
"In its original Answer to [plaintiff's] Complaint, [defendant] had stated that it 'does not dispute that venue is proper in this judicial district.'. . . [read post]