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13 Nov 2020, 4:00 am by Howard Friedman
., Nov. 12, 2020), a Colorado state appellate court held that Colorado’s law barring possession and growing of marijuana does not violate the state or federal Free Exercise rights of defendant, an ordained minister who grows the plants as part of his Cannabis Ministry. [read post]
30 Sep 2019, 9:27 pm by Patent Docs
John Livingstone of Finnegan, Sailesh Patel of Schiff Hardin, and Adam Perlman of Williams & Connoly will help practitioners understand the nuances of the Federal Circuit's recent doctrine of equivalents (DOE) jurisprudence, give practical tips both on how to build a case for infringement under the DOE and to defend against it, and offer tips for prosecution at the USPTO, particularly regarding how to narrow... [read post]
13 Aug 2021, 4:55 am by Howard Wasserman
(By resolving on standing, the court does not reach the "wrong-defendant" argument that Ex Parte Young does not overcome sovereign immunity). [read post]
18 May 2011, 6:44 am by emagraken
But that statute does not entitle the defendant Martin to receive 30% of his costs of the proceeding, from the plaintiff, because he sustained no damage or loss. [read post]
6 May 2010, 1:07 am
The Supreme Court of Ohio ruled today that an award of attorney fees in a civil lawsuit is distinct from an award of punitive damages, and the public policy of the state does not prevent an insurance policy from providing coverage for attorney fees when they are awarded solely as a result of an award for punitive damages. [read post]
It’s almost never the case in incidents involving involuntary manslaughter that the defendant had intended to kill the victim, but unfortunately a death does in fact occur under the circumstances – even in the absence of any murderous intent. [read post]
13 Aug 2024, 11:19 am by Eugene Volokh
For example, as defendant points out, none of the Doe plaintiffs claim to be employers who could plausibly face future enforcement actions. [read post]
23 Apr 2014, 5:04 pm by Kent Scheidegger
Supreme Court declines to take up the case (as it does 99% of the time), should the defendant get another bite and the apple in the lower federal courts? [read post]
28 Jun 2007, 1:52 pm
In a troublingly close 5-4 decision, the Supreme Court of the United States reaffirmed that a mentally ill person is entitled to Eighth Amendment protection if he does not have a rational understanding of the reason for his execution. [read post]
18 Feb 2011, 6:30 am by Howard Friedman
In Jakarta, Indonesia today, 500 people joined a rally organized by the Islamic Defenders Front calling for the disbanding of the Ahmadiyah sect. [read post]
8 Jun 2012, 3:37 pm
However, the defendant does not have to produce the videotape until the defense is given an opportunity to depose the plaintiff. [read post]
10 Nov 2010, 8:13 am by Kent Scheidegger
Supreme Court has appointed an amicus to argue the position adopted by the Third Circuit but abandoned by the Solicitor General -- that a defendant prosecuted under an Act of Congress does not have standing to make a Tenth Amendment argument that the statute was beyond the power of Congress to enact.The Court has appointed Stephen McAllister, the Solicitor General of Kansas, to make the argument. [read post]
17 Apr 2019, 7:20 am by Tom Smith
It is clear to me that Omar was minimizing 9/11, as she does Islamic terrorism in general. [read post]