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6 Dec 2008, 5:29 pm
Does 1-5, a case in the Western District of Michigan targeting students at Northern Michigan University, the Magistrate Judge has denied reconsideration of his decision denying the motion by pro se defendant John Doe #5 to quash the RIAA's subpoena.December 2, 2008, Order of Magistrate Judge denying motion for reconsideration*-->* Document published online at Internet Law & Regulation-->Commentary &… [read post]
20 Mar 2013, 1:49 pm by Lewis B Gainor
It provides the following rules for prison inmates: A defendant who is convicted of first degree murder (720 ILCS 5/9-1) or terrorism (720 ILCS 5/29D-14.1) does not get early release and must serve 100% of his sentence. 730 ILCS 5/3-6-3(a)(2)(i). [read post]
9 Mar 2011, 4:22 am by Andrew Frisch
 Denying the defendant’s motion, the court explained that OJ’s do not shift attorney’s fees in FLSA cases, because: (1) OJ’s only shift fees where a plaintiff prevails at trial, but for less than the amount of the OJ; and (2) the FLSA does not permit fee shifting to a defendant. [read post]
20 Dec 2007, 3:59 am
The Pattern Jury Instruction on legal malpractice, which focuses upon the lawsuit-within-a-lawsuit scenario, does not expressly use either the phrase "but for" or "proximate cause" in its formulation (NY PJI 2:152). [read post]
22 May 2024, 3:00 am by Shea Denning
Weir, 455 U.S. 603 (1982) (per curiam) (holding that cross-examining a defendant regarding his silence after arrest but before Miranda warnings are given does not violate due process). [read post]
§ 1332(d)(2does the phrase “defendant class” appear, and references to the “defendant” or “defendants” consistently place them in opposition to the “class. [read post]
6 Aug 2008, 2:43 pm
Marshals arrested defendant in connection with criminal offense of illegally possessing counterfeit green card.(2) Civil arrest or detention may trigger Speedy Trial Act if law enforcement authorities collude with state or civil officials to detain defendant as mere ruse for later prosecution. [read post]
29 Jul 2011, 4:23 am by We Don't Judge - We Defend
  When a witness at trial does not remember earlier inconsistent statement, the witness does not "distinctly admit making" the statement under 90.614(2) and therefore extrinsic evidence of it is admissible - harmless error here where victim was heavily sedated at the time of the previous statement and defendant told officer he killed the victim. [read post]
23 Apr 2013, 6:22 pm by Stephen Bilkis
However, our reading of the statute does not support the defendant's argument. [read post]
20 Dec 2010, 6:16 am by ADeStefano
., the First Department offers the following, helpful summary judgment reminders: (1) when moving for summary judgment the defendant is not required to prove a negative issue as to which he does not bear the burden of proof - for example, a defendant is not required to prove lack of notice where the plaintiff has not pointed to any evidence of notice; (2) hearsay cannot be the sole basis for denying summary judgment (citing DiGiantomasso v. [read post]
22 Nov 2008, 1:54 pm
October 2, 2008): The defendant has failed to meet her burden of proving that the warrantless search condition is not needed to assure the safety of the community. [read post]
22 May 2016, 9:01 pm by Ronald D. Rotunda
However, if the bank does not make the “voluntary” donation, that would violate its plea agreement with the Department of Justice. [read post]
9 Apr 2024, 7:16 am by Amy Howe
Indeed, the government notes, Fischer does not identify any conduct to which Section 1512(c)(1) would apply but not Section 1512(c)(2). [read post]
28 Oct 2019, 3:00 am by Jeff Welty
It may be advisable to make clear that the personal representative is the victim in his or her representative capacity, e.g., “John Doe, as the personal representative for the estate of Jane Doe. [read post]
2 Apr 2013, 4:27 pm by Stephen Bilkis
., two (2) Department of Public Safety Officers at a University observed defendant carrying a dormitory lounge chair on his head as he crossed a bridge on the campus. [read post]
5 Aug 2014, 5:36 am by Rebecca Tushnet
  For a successful defense, “the defendant is entitled to a ‘very strong’ presumption in favor of receiving attorneys’ fees, in order to ensure that an infringement defendant does not abandon a meritorious defense in situations in which ‘the cost of vindication exceeds the private benefit to the party. [read post]
7 Feb 2013, 3:20 pm
Although this court acknowledges that there does exist varying misconceptions regarding battering relationships, this court does not believe any such potential lack of understanding in this particular case is sufficient grounds for admitting expert testimony which otherwise has only limited probative value but substantial prejudicial impact on the defendant. [read post]