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21 May 2007, 7:24 am
[and] Plaintiffs' admitted activities demonstrate that it does not act for another to qualify itself as a broker. [read post]
2 Jul 2020, 8:06 am
This has been so also given the great number of referrals (over twenty since the 2006 decision in SGAE) to the Court of Justice of the European Union (CJEU).EU law does not define the concept of ‘communication to the public’. [read post]
6 Dec 2019, 1:01 pm
Simply because a person is convicted of DWI does not mean that the person has no options for seeking relief from the conviction. [read post]
11 Jul 2010, 6:07 am
This case was before the Court on Defendant’s Motion for Summary Judgment. [read post]
21 Jun 2013, 11:26 am
“Although the 10b-5 fraud action does not expressly require proof of price impact as an element of the claim, a plaintiff must nevertheless prevail on this fact in order to establish another element on which the plaintiff does bear the burden of proof: loss causation. [read post]
3 Nov 2011, 11:54 pm
The third one was attacked using the lawyer's own pen, which the defendant grabbed from the lawyer during the prosecutor's opening statement. ...Read Full Post [read post]
21 Nov 2018, 7:04 pm
“Chief Justice Defends Judicial Independence After Trump Attacks ‘Obama Judge'”: Adam Liptak of The New York Times has this report. [read post]
20 Feb 2010, 4:54 am
Defendant was arrested for being an alien in possession of a weapon. [read post]
19 Dec 2013, 8:41 am
Specifically, it stated that "[m]ere ignorance of the existence of a cause of action or of the identity of the wrongdoer does not prevent the running of the statute of limitations." [read post]
29 Nov 2009, 2:09 pm
 Furthermore, the Third Circuit’s rule and the government’s proposed rule would intermingle the now separate limitations and pleadings defenses, creating a scenario in which a defendant would have to adopt inconsistent positions to assert both defenses. [read post]
10 Feb 2013, 9:26 am
The CPL expressly relieves defendant of the burden of pleading facts in support of a motion to suppress identification testimony (CPL 710.60 [3] [b]), likely because in many instances defendant simply does not know the facts surrounding certain pretrial identification procedures, such as photo arrays (People v Rodriguez, 79 NY2d 445, 452-453). [read post]
25 Feb 2019, 8:12 am
If the defendant does not answer the petition within five days, the court clerk may sign an order of delivery. [read post]
4 Feb 2011, 6:38 am
Deetz's mistaken belief that she was married to Stabile does not alter the analysis because an unmarried cohabitant has authority to consent to a search of shared premises. [read post]
3 Sep 2015, 7:16 am
[The carrier] has a vested business interest in ensuring it does not pay above-market rates or overspend on patent litigation. [read post]
7 Jan 2014, 8:30 am
That allegation, however, even were it supported by facts, does not establish that [plaintiff] has or will attempt to enforce its patents beyond their temporal or physical scope." [read post]
12 Feb 2016, 7:03 am
Because an acceptable non-infringing alternative need not be a product that was actually on the market at the time of infringement, the fact that the [defendant's] products infringed some of [plaintiff's] patents does not preclude [defendant] from arguing that the non-infringing aspects of these products provide evidence that [defendant] could have offered a fully non-infringing product that would have been an acceptable non-infringing alternative. [read post]
29 Oct 2013, 7:10 am
[T]he fact that [defendant] might, in some situations, give the Apps away for free does not mean that [it] cannot, in other situations, be selling the Apps within the meaning of § 271(c). [read post]
26 May 2017, 7:35 am
And because [the expert's] report does not identify any new factual basis for [defendant's] § 101 theory, no discovery violation has occurred. . . . [read post]
21 Apr 2014, 6:39 am
The defendants then moved for the stay. [read post]
6 Oct 2020, 8:47 pm
As a Virginia criminal lawyer, I look at the totality of the circumstances for such challenges, including the timeline and details of the defendant's interactions with the police, which does not start merely with when and with what words the police first advised the defendant of his or her right to remain silent under the Fifth Amendment and Miranda v. [read post]
