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21 May 2015, 3:49 pm
Moreover, the language provides that defendant "knowingly" act in such a manner, further suggesting that the statute does not require that the conduct be specifically directed at a child; rather, a defendant must simply be aware that the conduct may likely result in harm to a child, whether directed at the child or not (see, Penal Law § 15.05 [2]). [read post]
29 Oct 2021, 2:08 am
The receiving state does not collect fines or court costs from the defendant. [read post]
13 May 2011, 12:30 pm
(Slip Op. at 13-17). 2. [read post]
18 Jun 2021, 6:30 am
For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). [read post]
30 Oct 2012, 8:38 am
DMCA Analysis The safe harbor provision of the DMCA states that a “service provider shall not be liable for monetary relief” if all of the following requirements are met: (1) it does not have actual knowledge that the material on its network is infringing; (2) it is not aware of facts or circumstances that would make the infringing activity apparent;and (3) upon obtaining knowledge or awareness of such infringing activity, it acts expeditiously to remove or disable… [read post]
8 Sep 2021, 7:22 am
Kroger Co., 2021 WL 1573719, No. 2:20-cv-06754-SB-RAO (C.D. [read post]
14 Jun 2022, 12:51 pm
Vote, No. 2:21-cv-00559-KJM-AC (E.D. [read post]
13 Nov 2019, 9:06 am
” A comparison between Tic Tac and Bliki containers can be found below:The court also found that the defendant’s activities amounted to unfair competition pursuant to: Article 2598, No 1, of the Italian Civil Code (slavish imitation which, to be established, does not require to be also likely to cause confusion); Article 2598, No 2 (misappropriation of qualities); and Article 2598, No 3 (free riding on the coat-tails of Ferrero). [read post]
30 Sep 2022, 12:08 pm
” Yesterday, the Supreme Court of Pennsylvania upheld the defendant’s conviction by a vote of 5-to-2. [read post]
18 Feb 2010, 7:33 am
damages for the defendant causing acute physical illness by a stressful work environment. [read post]
12 Jan 2012, 9:22 am
” According to Judge Grewal, the statute provides a “flexible standard” which does not require “every minute detail” of the claimed trade secrets but must be adequate “to permit the defendant to learn the limits of the secret and develop defenses [and] to permit the court to understand the secret and fashion discovery. [read post]
29 Oct 2014, 3:44 pm
For the reasons set forth above, the court does not believe that was the intended purpose of CPL § 180.50 and refuses to adopt the People's argument. [read post]
6 Sep 2009, 6:53 am
What does that mean? [read post]
8 May 2014, 5:00 am
” Slip op. at 2. [read post]
7 Jul 2013, 3:13 pm
In any event, the record does not support a conclusion that the prosecutor's remarks substantially prejudiced the defendant's trial or exceeded the bounds of permissible rhetorical comment. [read post]
7 Jun 2011, 7:46 am
Chin does not acknowledge the Decedent exhibited other documented symptoms and signs of sepsis during the critical 2-day period before antibiotics were eventually ordered on January 2, 2009. [read post]
18 Apr 2011, 5:10 pm
2. [read post]
16 Jul 2008, 1:00 pm
No. 2, ___ Cal.App.4th ___, 2008 WL 2357895 (Jun. 11, 2008) (First Apellate District, Division Three), is a lengthy wage and hour opinion previously discussed in detail in the blogosphere. [read post]
20 Oct 2012, 6:00 pm
The defense strategy was deny and defend. [read post]
20 Oct 2012, 6:00 pm
The defense strategy was deny and defend. [read post]