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23 Apr 2014, 4:12 pm by Kirk Jenkins
 When a defendant is brought into the action by being identified as a previously sued Doe defendant, the five-year clock begins when the Doe defendant is sued, not when the defendant is finally identified. [read post]
17 Apr 2023, 5:34 am by Rebecca Tushnet
” FDUTPA: A prevailing party in a FDUTPA action may recover reasonable costs and attorney’s fees from the nonprevailing party according to the court’s discretion, which does not require exceptionality but does require consideration of case- and party-related factors, as well as deterrence. [read post]
15 Oct 2013, 12:24 pm by Daniel E. Cummins
The jury returned a 10-2 defense verdict in favor of the tortfeasor Defendant, McGraw, after a finding that the tortfeasor was not negligent. [read post]
18 Oct 2017, 10:02 pm by Barry Barnett
Neither got the hundreds of millions they claimed, both in fact paid money to my clients, the defendants. [read post]
20 May 2010, 8:53 am by Moseley Collins
The following blog entry is written from a defendant’s position as trial approaches. [read post]
5 Sep 2023, 6:57 am by Rebecca Tushnet
Seismic Bracing Company, LLC, --- F.Supp.3d ----, 2023 WL 4463246, No. 2:17-cv-00702-RJS-DAO (D. [read post]
19 Mar 2019, 9:21 am by Phil Dixon
The defense does not apply where the defendant takes more than what he is rightfully owed. [read post]
2 Sep 2010, 12:05 pm by admin
Under N.J.S. 2C:5-1, “a person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he: (1) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as a reasonable person would believe them to be; (2) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing such result without further conduct on his… [read post]
15 Jul 2013, 5:42 pm by Law Lady
§523(a)(2) as debt arising from false representation or fraud by debtor, §523(a)(4) as debt arising from embezzlement or larceny, and §523(a)(6) as debt arising from willful and malicious injury by debtor are dismissed, some with leave to amend and others with prejudiceIn re: PAUL G. [read post]
26 Jun 2008, 3:12 pm
John Wiley Price: Move to slash Dallas defender budget couldn't come at worse timeWhen does the adversarial process commence? [read post]
15 Feb 2012, 7:21 pm by Gaetan Gerville-Reache
  “The requirement that criminal defense counsel advise defendants of immigration consequences does not regulate private conduct, nor is the requirement so implicit in the structure of criminal proceedings that retroactivity is mandated. [read post]
31 Jul 2007, 5:12 am
Where defendant does not seek to withdraw plea, but only seeks specific performance (i.e., resentencing with government's promised recommendation), remand for resentencing is appropriate remedy.Read the opinion here. [read post]
25 May 2009, 5:38 pm
The record of the victim's testimony at the first trial does not reflect the gesture. [read post]
12 Apr 2007, 10:09 am
The court held that, under RCW 4.22.060(2), if a trial court determines that the amount of a settlement agreement is unreasonable, the trial court must determine a reasonable amount. [read post]
28 Jul 2014, 4:30 am by INFORRM
This difficulty is (at least arguably) retained in the wording of section 2 of the Act. [read post]
26 May 2010, 12:51 pm by MacIsaac
Jung) the Plaintiff was injured in 2 separate incidents. [read post]
20 Apr 2016, 5:10 pm by Stephen Bilkis
In a marriage that does not work, the children are the most affected by the divorce of their parents. [read post]