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27 Jul 2016, 10:41 am by Eugene Volokh
Rev. 595, 615 (1990); see also Lyrissa Barnett Lidsky, Silencing John Doe: Defamation & Discourse in Cyberspace, 49 Duke L.J. 855, 936-37 (2000) (suggesting that words like “scam” are often used loosely and should not be taken literally).] [read post]
26 Feb 2014, 2:26 pm by Stephen Bilkis
While the complaint does allege that the drug were recovered from the ground where co-defendant dropped them, as the complaint stands, factual allegations connecting the defendant to the drugs are notably missing. [read post]
17 Dec 2022, 11:02 am by Russell Knight
” 735 ILCS 5/2-406(b) “Within the time for filing his or her answer or thereafter by leave of court, a defendant may by third-party complaint bring in as a defendant a person not a party to the action who is or may be liable to him or her for all or part of the plaintiff’s claim against him or her. [read post]
3 Apr 2012, 1:55 pm by Matt DeVries
  Does a construction manager have a duty of care to employees of contractors and subcontractors to provide a safe project site? [read post]
16 Jun 2011, 7:55 am by Josh Blackman
§3582(a) does not permit a sentencing court to impose or lengthen a prison term in order to foster a defendant’s rehabilitation. [read post]
8 Nov 2021, 9:59 am by Eugene Volokh
The undersigned does not find that sealing on such a sweeping scale is warranted…. [4.] [read post]
8 Nov 2021, 9:59 am by Eugene Volokh
The undersigned does not find that sealing on such a sweeping scale is warranted…. [4.] [read post]
14 Dec 2020, 8:04 am by Jack Goldsmith
First, is “Defend Forward” all it’s built up to be? [read post]
9 Aug 2013, 7:14 am by Second Circuit Civil Rights Blog
While it does not have to do so, the Second Circuit provides guidance on what it takes to survive Rule 12 dismissal where the defendant argues that the plaintiff is not an "employee" under the FLSA. [read post]
25 May 2011, 3:05 am by Andrew Lavoott Bluestone
On November 19, 2009, Saravanos pled guilty to First Degree Manslaughter (Penal Law 1 2 5 . 2 0 ) , and on December 15, 2009, he was sentenced to 13 years in prison and five years of post-release .parole supervision. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
does trading on goodwill mean materiality? [read post]
2 Apr 2017, 4:26 am by INFORRM
Sadly, history however does not encourage a great deal of optimism. [read post]
13 Jan 2019, 11:17 am by Daniel Cappetta
” In its decision, the SJC concluded that G.L. c.272, §7, is not unconstitutionally vague, even though it does not “expressly require,” as a prerequisite for conviction, an “intent to profit from the prostitution of another. [read post]
22 Jun 2018, 6:51 am by Steven Cohen
Discussion:  The defendants argue that Fellheimer’s testimony should be excluded because he 1) improperly declares numerous legal opinions and opines on intent and state of mind; 2) is unqualified to provide expert testimony because is more of a commercial litigator than a banker; and 3) provides unreliable testimony. [read post]
10 Jul 2018, 8:04 am by Steven Cohen
Seaton’s testimony should be allowed because he does not offer legal conclusions or opinions. [read post]