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15 Jan 2016, 10:27 am
Quoting Benedetti v Sawiris [2013] UKSC 50, Lord Clarke held that the court must ask itself four questions when faced with a claim for unjust enrichment: “(1) Has the defendant been enriched? [read post]
10 Nov 2015, 2:37 am
In other words, does the rebuttable presumption also apply to applications made under subsections (j)(2) and (j)(3)? [read post]
28 Mar 2011, 9:55 am
The court does not appear to have issued its ruling yet. [read post]
14 May 2021, 12:11 pm
" The convicted defendants are not guilty of the crime they were charged with, given the plain text of the statute. [read post]
17 Dec 2009, 4:15 pm
"A trial court judge in Chatham County cannot dictate what a trial court judge in Cleveland County or Gaston County does. [read post]
19 May 2021, 11:21 am
" The convicted defendants are not guilty of the crime they were charged with, given the plain text of the statute. [read post]
5 Feb 2014, 5:14 pm
These laws broadened and concepts such as strict products liability which holds manufacturers and sellers of dangerous goods strictly accountable for injuries caused by their products have become the law of all 50 states. [read post]
28 Dec 2011, 9:00 pm
Defending Bankruptcy Code §707(b) motions will certainly be a topic for a future column. [read post]
29 Dec 2017, 10:05 am
Pursuant to Chapter 231, Section 85 of the Massachusetts General Laws (M.G.L.), plaintiff can still recover if a jury assesses the total amount of negligence of both plaintiff and defendant, and based upon conduct of the parties and determines defendant was more than 50 percent responsible for the accident. [read post]
30 Jul 2007, 11:24 am
Gordon , an 18-page opinion, Judge Sullivan writes:Appellant-Defendant, William Armstrong, appeals following a jury trial in which the jury awarded damages to Appellee-Plaintiff, Mary Gordon, in the amount of $452,200 for injuries sustained in a car accident. [read post]
31 Mar 2020, 5:21 pm
The order does not authorize suspicionless stops. [read post]
16 Nov 2010, 8:34 am
McNiff, JudgeRepresenting Appellant (Plaintiff): Paul Hunter, Cheyenne, WyomingRepresenting Appellee (Defendant): Gregory C. [read post]
5 Jun 2008, 11:26 pm
Background Defendant, Dillon Companies, Inc. [read post]
29 Aug 2017, 9:11 am
Robins Supreme Court Ruling Favor Plaintiffs Or Defendants? [read post]
1 Dec 2010, 2:28 pm
What evidence there is does not lead to a conclusion that Bernstein clearly breached his fiduciary duty, the court said. [read post]
1 Mar 2019, 9:43 am
First, Carpenter does not address the issue of real-time CSLI. [read post]
12 May 2010, 8:43 am
Counsel’s desire to focus on a “residual doubt” defense that is not plainly inconsistent with the mitigating evidence does not self-evidently fall into that category–particularly when counsel appeared to concede Jefferson had struck the victim. [read post]
11 Jul 2018, 5:47 am
The statute also directs the court to consider certain factors when assessing the amount of statutory damages, including the nature, seriousness, persistence and willfulness of the defendant’s misconduct, the number of violations, the length of time over which the misconduct occurred, and the defendant’s assets, liabilities and net worth. [read post]
12 Sep 2006, 11:28 am
This is a must-read decision for all involved in federal sentencing in the 3rd Cir.In Gunter, the defendant was found guilty of possession with intent to distribute more than 50 grams of crack cocaine (72.5 grams to be exact) and faced a guideline range of 295-353 months. [read post]
19 Sep 2014, 10:38 am
So where does that leave us? [read post]
