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23 Jul 2010, 5:32 am by Susan Brenner
It began by noting that under the plain error rule, the party asserting error “`must establish (1) that there was in fact an error; (2) that the error was plain; and (3) that the error’” affected the defendant’s substantial rights. [read post]
6 Oct 2008, 10:16 am
Federal Rule of Criminal Procedure 16(a)(1)(E). [read post]
22 Apr 2024, 5:00 am by Bernard Bell
The first, the Sixth Circuit’s “authority or duty” test, required plaintiffs to prove “state action” by establishing that either (1) the “text of state law requires an officeholder to maintain a social-media account,” (2) the defendant official “use[s] … state resources” or “government staff” to run the account, or (3) the “accoun[t] belong[s] to an office, rather than an individual officeholder. [read post]
23 Dec 2022, 8:32 am by Christopher Whang
The ADA requires that at least 5% of available seating be accessible, or at least 1 if less than 20 seats are provided. [read post]
10 Dec 2019, 3:06 am by Liz Dunshee
It also leaves open the possibility that 10b5-1 transactions could be exempt from insider trading prosecution. [read post]
22 May 2015, 5:29 am by NBlack
Nor does the committee believe that a judge’s impartiality may reasonably be questioned (see 22 NYCRR 100.3[E][1]) or that there is an appearance of impropriety (see 22 NYCRR 100.2[A]) based solely on having previously ‘friended’ certain individuals who are now involved in some manner in a pending action. [read post]
18 Oct 2012, 10:53 am
The court shall award the plaintiff the costs of bringing the action if the plaintiff prevails and the court finds that the defendant, at the time the defendant caused the recorded document to be recorded or filed, knew or should have known that the recorded document is fraudulent. [read post]
19 Dec 2019, 5:54 am by Daniel Schwartz
It does not change the award amounts and attorney’s fees permitted for cases that do not involve a good-faith belief by the employer. [read post]
20 Aug 2010, 12:29 pm by Glen Neeley
 FARMINGTON -- A judge declared a mistrial after a witness said she saw a photograph of the defendant a month ago -- 3 1/2 years after she was robbed. [read post]
12 Oct 2022, 1:47 pm by Kevin LaCroix
”   The complaint alleges that the defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. [read post]