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[8] Doe VIII v Exxon Mobil Corporation (DC Cir, 8 July 2011) slip op, page 50 (Rogers J) [read post]
7 Dec 2011, 11:00 pm by Edward A. Fallone
Capitol, the defenders of the DOA policy have fallen into a logical trap. [read post]
7 Dec 2011, 8:25 pm by Jeffrey Brown
alleged that the defendant sent hoax emails using the Yahoo! [read post]
7 Dec 2011, 11:55 am by Rebecca Shafer, J.D.
  Even if the claim is compensable, it also does not mean anything can be done. [read post]
5 Dec 2011, 2:02 pm by Lewis Gainor
It is a common mistake in many courtrooms where the prosecutor seeks to resentence the defendant for violating probation, but does not give him or her credit for time in pretrial custody. [read post]
5 Dec 2011, 9:20 am by Eric
Assuming Chitika does 50/50 splits with its publishers, Chitika will not expend an ounce of effort to preserve its $17/month revenue stream from Saggi. [read post]
5 Dec 2011, 12:07 am by John Diekman
Practice point: In exercising its discretion to grant leave to serve the late notice, a court must consider whether (1) the claimant has demonstrated a reasonable excuse for failing to serve timely; (2) the claimant was an infant, or mentally or physically incapacitated; (3) the public corporation acquired actual knowledge of the facts constituting the claim within 90 days of its accrual or a reasonable time thereafter; and (4) the delay would substantially prejudice the public corporation in… [read post]
2 Dec 2011, 2:01 pm by Hal Singer
Critically, the evidence of T-Mobile being a disruptive force does not speak to the issue of whether T-Mobile constrains the price of AT&T. [read post]
1 Dec 2011, 1:58 pm
Parties could agree to take depositions, which FINRA generally does not allow. [read post]
30 Nov 2011, 3:56 am by Joel R. Brandes
The stipulation of settlement provided for a 50% distribution to the plaintiff of the value of "any pension" received by the defendant. [read post]
29 Nov 2011, 2:58 pm by James Hamilton
The statute doesn't say two years after the date the defendants filed a Section 16(a) report, as the Ninth Circuit and Respondents would like to have it, he noted, nor does the statute say two years after the date the plaintiff discovers the short-swing transaction, as the government would like to rewrite it. [read post]
29 Nov 2011, 7:35 am by McNabb Associates, P.C.
“Although the government does not dispute that conclusion, the government notes that it was only based on a 50-minute screening and submits that a full psychiatric or psychological screening…is warranted, given the serious nature of the criminal charges pending against the defendant and the likelihood that mental health issues may arise in the course of these proceedings. [read post]
29 Nov 2011, 1:20 am by Webmaster
I mean really, how often does prior art have sex appeal? [read post]
28 Nov 2011, 9:07 am by Steve Hall
"The basic question -- does the system accurately and consistently determine which defendants 'deserve' to die? [read post]
28 Nov 2011, 7:20 am by emagraken
The plaintiff plumps for the former, the defendants argue for the latter. [45] The first point to address on this issue is that it does not concern the Canada Health Act. [read post]
28 Nov 2011, 3:00 am by Peter A. Mahler
" Plaintiffs' counsel replied that the business form does not matter ("not at the starting gate yet") and that the "control and domination" exercised by defendants over the pre-formation enterprise imposes fiduciary duties of disclosure. [read post]
28 Nov 2011, 1:07 am by Rumpole
"Tanned, toned and blond at 50-something (long-divorced, without children), Judge DiMango speaks in a comfortable Brooklyn accent. [read post]