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8 Oct 2014, 1:00 pm by Steven G. Pearl
Campbell-Ewald Company, ___ F.3d ___ (9th Cir. 9/19/2014) concerns an issue that has arisen more frequently in employment class actions: whether a rejected settlement offer moots individual and/or class claims. [read post]
9 Aug 2008, 4:09 pm
Covian-Sandoval, 462 F.3d 1090 (9th Cir. 2006)).Garcia-Aguilar and other § 1326 defendants entered guilty pleas before the magistrates to these indictments. [read post]
14 Jun 2007, 5:47 am
March 2, 2007): As the standard that a consent to searches be made voluntarily, knowingly and intelligently, is the same as for the waiver of defendant's Fifth Amendment right regarding self-incrimination under Miranda, see Barbour, 70 F.3d at 585 and Colorado v Connelly, 479 U.S. 157, 169-70, 107 S. [read post]
23 Nov 2011, 4:47 am
While it is indeed the case that the examination at issue of defendant’s property occurred after sentencing on another charge and followed defendant’s request for the return of such property, we conclude that the police conduct in this case did not violate defendant’s Fourth Amendment rights for a number of reasons. [read post]
13 Nov 2023, 3:30 am by Andrew Lavoott Bluestone
” “Through the submission of this expert affidavit, defendants established prima facie entitlement to judgment as a matter of law (see Kivo v Louis F. [read post]
3 Sep 2021, 10:22 am by Rebecca Tushnet
Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020) and its progeny, everything but the CLRA claim for damages should be dismissed because these equitable claims were only available if legal claims failed. [read post]
2 Feb 2019, 10:54 am by Eugene Volokh
" She added that when her family members discovered she had spoken with Detective Skaggs, they told her not to testify because "[f]amily is first. [read post]
13 May 2014, 10:20 pm
All they're gonna see is, oh, look at this, another young motherf***** who didn't give a f***. [read post]
30 Sep 2021, 9:20 am by Rebecca Tushnet
” The Eleventh Circuit has a slightly different standard: “[f]irst, the plaintiff must show that a third party in fact directly engaged in false advertising that injured the plaintiff,” and “[s]econd, the plaintiff must allege that the defendant contributed to that conduct either by knowingly inducing or causing the conduct, or by materially participating in it. [read post]
6 Jun 2007, 9:34 am
The 9th, in Fernandez-Ruiz, 466 F.3d 1121 (9th Cir. 2006) (en banc), held that a crime of violence requires intentional use of force, and not reckless. [read post]
14 May 2014, 2:05 pm by Stephen Neyman, P.C.
        And on direct, in addition to testifying to a,b and c you testified to d,e and f didn’t you? [read post]
14 May 2014, 2:05 pm by Stephen Neyman, P.C.
        And on direct, in addition to testifying to a,b and c you testified to d,e and f didn’t you? [read post]
14 May 2014, 2:05 pm by Stephen Neyman, P.C.
        And on direct, in addition to testifying to a,b and c you testified to d,e and f didn’t you? [read post]