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23 Nov 2011, 7:59 am by K&L Gates
Aug. 2, 2010), where the defendant’s motion for the identification of Brady material was granted. [read post]
6 Sep 2012, 10:00 pm
That he did not specify exactly how many times he had previously seen such packaging does not alter this conclusion, since the record stands uncontradicted that he immediately recognized it as drug packaging from his own personal experience. [read post]
20 Oct 2009, 8:20 am by Peter Hirtle
  Does it go all the way back to snippet view (in which case I would hope that Google drops the whole thing and fights the fair use issue). [read post]
30 Jul 2018, 8:25 am by Law Office of James J. Falcone
The trial court found that McLear-Gary had established an “exclusively pedestrian” prescriptive and implied easement over the properties belonging to the defendants, the court concluded this easement was extinguished by adverse possession when Emrys Scott, acting for the benefit of the common interests of his cotenants, locked and maintained the locked gate (not always hostile notice of adverse possession!) [read post]
11 Oct 2010, 9:28 pm by Simon Gibbs
“the person is an individual whose work includes assisting in the conduct of litigation”, 2. [read post]
12 Dec 2022, 6:00 am by The Law Offices of John Day, P.C.
On review of the record…, we conclude that the evidence does not preponderate against the trial court’s findings that: (1) [defendant] attempted a left hand turn…when her turn could not be safely completed, and (2) at the time of [defendant’s] turn, the traffic light for oncoming traffic…had changed to green. [read post]
3 Feb 2017, 7:30 am by Emma Kohse
Plaintiffs argued in response that § 2241(e)(2) does not apply to independent contractors, citing other statutes where Congress specifically included government contractors in addition to agents. [read post]
22 Mar 2019, 1:05 pm by Steven Boutwell
R.S. 9:2780.1) generally renders null, void and unenforceable any provision in a construction contract (defined broadly to include design, construction, alteration, renovation, repair, and maintenance) which either: (1) purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the indemnitee against the negligence or intentional acts or omissions of the indemnitee, an agent or employee of the indemnitee, or a third party… [read post]
30 May 2014, 2:01 pm by Barry Barnett
What does that prove, if not discomfort with a claimant and its lawyers receiving a big award? [read post]
25 Apr 2008, 10:00 am
  This does not mean that all thefts of information constitute securities fraud. [read post]
12 Oct 2010, 1:49 pm by Larry Siems, The Torture Report
Our services are paralysed by paperwork as they try to defend themselves in lengthy court cases with uncertain rules. [read post]
3 Nov 2008, 4:59 pm
  Moreover, she did not disclose the existence of an investigation (White already knew about it) or the identity of possible defendants. [read post]
28 Aug 2010, 4:11 pm by Brian Shiffrin
The Florida sentencing scheme set a sentencing range of 3 1/2 years to 4 1/2 years at the time the defendant committed his offense. [read post]
4 Sep 2007, 2:47 am
DeGennaro, No. 06-4195 Order holding that retrial of defendants would not violate the Double Jeopardy Clause and denying motions to bar retrial and dismiss the indictment is reversed where: 1) the decision of the trial court that there was "manifest necessity" to declare a mistrial was an abuse of discretion; and 2) a statement by counsel in support of a motion for mistrial, quickly reconsidered, does not preclude the defendant from claiming that the… [read post]
8 Oct 2018, 10:30 am by Jessica Smith
This evidence, the court reasoned, supported a conclusion that the defendant possessed the car for at least 2½ months. [read post]
9 Jun 2009, 7:43 am
  A statutory mandatory minimum sentence does not permit a sentencing judge to fully consider all of the factors normally required for a just sentence under 18 U.S.C. [read post]