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26 Aug 2009, 10:23 pm
DEFENDANTS' DEMURRER FAILS TO CITE TO THE CORRECT LAW PLAINTIFF HAS PLED A PRIMA FACIE CLAIM FOR RETALIATION AGAINST THE INDIVIDUAL DEFENDANT AND THE MANAGERIAL PRIVILEGE DOES NOT BAR HER CLAIM Defendants have demurred to Plaintiffs Third Cause for Retaliation against Defendant Mr. [read post]
14 Jan 2009, 9:50 am
Supreme Court reversed, holding the Sixth Amendment’s jury trial right does not prohibit a judge from determining the predicate facts necessary to impose consecutive, rather than concurrent, sentences. [read post]
25 Sep 2017, 6:47 am
Just because a plaintiff’s actions may have arguably contributed to creating a dangerous condition does not mean summary judgment for defendant is guaranteed in a premises liability case. [read post]
15 Jun 2011, 9:30 pm
The problem was that defendants (often “John Doe” defendants) would be added to a complaint, but then those defendants would never be served. [read post]
13 Sep 2009, 9:00 pm
Washington, 541 U.S. 36 (2004), which prohibits testimonial hearsay at trial where the declarant does not testify. [read post]
14 Apr 2016, 4:59 pm
[iv] In particular, Best Buy is significant because it holds that a defendant’s “front-end” showing is alone sufficient, at least on these facts, and that a defendant does not also have to make a “back-end” showing (i.e., whether the stock-price decline at the time of the alleged “corrective [read post]
8 Apr 2011, 5:32 am
MonaVie instructed defendants to cease and desist. [read post]
5 Feb 2010, 8:35 am
PRIVATE RULING 8333035 – Refers to Private Ruling 8325054 This ruling clarifies that disclosure of the annuity cost by the defendant has no impact on the income tax free aspects of a Structured Settlement; rather the unqualified availability is decisive. [read post]
18 Apr 2013, 5:04 pm
Such a pleading often runs but several pages, and in substance it states that the Bad Guy defendant does some thing or things that infringe the Good Person plaintiff's patent. [read post]
18 Apr 2013, 5:04 pm
Such a pleading often runs but several pages, and in substance it states that the Bad Guy defendant does some thing or things that infringe the Good Person plaintiff's patent. [read post]
New Jersey Courts Can Convict a Defendant of DWI Even Without Direct Evidence that They Were Driving
30 Aug 2016, 1:25 pm
Sweeney, held that the state does not necessarily have to prove any movement by the vehicle. [read post]
6 Mar 2010, 7:03 am
Although he rightfully argues that legal standards often allow the military to utilize different standards than civilian society, this does not make DADT a rational or lawful policy. [read post]
17 Apr 2013, 1:12 pm
But the media has been spewing inaccuracies about how it will happen, if it does. [read post]
13 May 2021, 10:20 am
If the machine used to conduct the test does not comply with the parameters defined by law, though, a DWI defendant may be able to argue that the results are inaccurate and should be suppressed. [read post]
6 Aug 2020, 3:05 pm
Even if another attorney represents the State in criminal proceedings, however, it does not mean that a DWI defendant is entitled to a new trial, as demonstrated in a recent New Jersey case. [read post]
6 Apr 2012, 12:45 am
Practice point: Contempt is a drastic remedy which should not be granted absent a clear right to the relief.Student note: Defendants’ failure to appear for a continued deposition on the advice of counsel, based upon an imminent bankruptcy filing, does not rise to the level of contempt. [read post]
10 Sep 2007, 9:10 am
The "fruit of the poisonous tree" doctrine does not apply in § 1983 claims. [read post]
9 Nov 2011, 6:59 am
., the defendant below. [read post]
2 Apr 2023, 10:34 am
Understandably, Defendant does not want our jury to see this evidence. [read post]
15 Jul 2008, 10:24 pm
So I think Kopel is correct: Heller does indeed recognize a general right to self-defense. [read post]
