Search for: "DOE DEFENDANT"
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27 Sep 2023, 10:56 am
All antitrust cases are ultimately about two issues: First, did the defendant’s conduct increase or preserve its market power? [read post]
27 Sep 2023, 8:52 am
Ohio) in Doe 1 v. [read post]
27 Sep 2023, 6:59 am
The statute requires DOJ to provide notice to defendants when the government uses information “obtained or derived from” Section 702 surveillance in a proceeding—but it does not define “derived from. [read post]
27 Sep 2023, 4:12 am
Does the attorney general sue every (any?) [read post]
27 Sep 2023, 4:00 am
” ...Defendant argues that no reasonable jury could find that Gardner-Alfred’s objections to the vaccine were grounded in sincerely held religious beliefs. [read post]
27 Sep 2023, 3:00 am
Contrary to Plaintiff’s claim, the appraisal provision does not allow Defendant to deny the claim if it does not approve the appraisal outcome, rather, the appraisal provision makes clear that the determination of an appraisal amount under that provision will not impact Defendant’s right to deny a claim under the terms of the insurance policy. [read post]
26 Sep 2023, 9:18 pm
This strategy involves challenging the credibility and reliability of any existing evidence, showing that it is inconclusive or does not prove that the defendant actually committed the offense in question. [read post]
26 Sep 2023, 9:01 pm
’”[19] The Court held “[t]hat a claim is fact-intensive does not preclude dismissal under Rule 12(b)(6) if the plaintiff fails to allege facts plausibly supporting a claim upon which relief can be granted. [read post]
26 Sep 2023, 9:01 pm
The defense counsel correctly noted that “in military law, character does count, and character alone may be enough to cause reasonable doubt. [read post]
26 Sep 2023, 2:30 pm
However, business confidential information does not necessarily rise to the level of importance required for a court to agree to filings under seal. [read post]
26 Sep 2023, 11:20 am
This action is one of several actions over the last couple of years in which the defendant company’s touted ESG efforts fall short of representations or failed to live up to stated standards. [read post]
26 Sep 2023, 11:00 am
Godfrey, 2019 SCC 42 that the discoverability principle applied to section 45 (i.e., that the limitation period set out in section 36(4) of the Act does not begin to run until the material facts on which a plaintiff’s claim are based are discovered by or ought to have been discovered by the plaintiff by the exercise of reasonable diligence). [read post]
26 Sep 2023, 9:21 am
He defended the court's decision in United States v. [read post]
26 Sep 2023, 8:24 am
The decision will have significant implications for defendants wrongfully convicted of crimes based on false reports filed by police officers justifying use of force against defendants. [read post]
26 Sep 2023, 8:00 am
This lanague excludes cases in which there is a timely CCA because the court does not order a referral for a CCA in these cases. [read post]
26 Sep 2023, 4:56 am
Doing otherwise is not just bad statutory interpretation; it threatens the rule of law and raises difficult constitutional questions by depriving potential defendants of a viable way to challenge unlawful rules without risking draconian liability.[25] James R. [read post]
26 Sep 2023, 4:49 am
Now we know that the SEC does not regulate the general entertainment industry. [read post]
25 Sep 2023, 9:34 pm
This means that underpayments that are accidental, inadvertent, or based on a genuine mistake will not be captured for the purpose of criminal liability (although will still be treated as breaches of the FW Act); Non-payments of superannuation contributions, amounts referable to long service leave, paid leave as a result of being a victim of crime, paid jury duty or emergency service leave are not captured by this offence; Prosecutors will be required to prove beyond a reasonable doubt that:… [read post]
25 Sep 2023, 9:02 pm
When the platforms did not comply, officials followed up by asking why posts were "still up," stating (1) "how does something like [this] happen," (2) "what good is" flagging if it did not result in content moderation, (3) "I don't know why you guys can't figure this out," and (4) "you are hiding the ball," while demanding "assurances" that posts were being taken down. [read post]
25 Sep 2023, 9:01 pm
Expulsion or ResignationAn indictment is not evidence, but unlike many indictments, the one against Menendez and his co-defendants describes and even pictures evidence in considerable detail. [read post]
