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24 Jul 2015, 1:52 pm
Contact an Experienced Criminal Defense Attorney At the Law Offices of Sean F. [read post]
30 Oct 2019, 1:40 pm
FRCP 68 provides in part, “[i]f the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made. [read post]
20 Apr 2016, 5:10 pm
Such a directive is in the nature of an open-ended obligation which exposes the defendant to unlimited liability and is thus improper under 22 N.Y.C.R.R. 699.9(f)(6). [read post]
29 Jan 2016, 3:00 am
The Fifth Circuit observed that in Defendant Aguilar v. [read post]
24 Mar 2015, 1:33 pm
G.S. 15A-1352(f). [read post]
9 Oct 2008, 12:20 pm
Robinson, 439 F.3d 777, 780 (8th Cir.2006)). [read post]
6 Jun 2022, 3:39 am
” (Ward v San Diego County Dept. of Social Servs., 691 F Supp 238, 240 [SD Ca 1988].) [read post]
20 Dec 2016, 9:27 am
CV 16-7099-R, 2016 WL 7336721, -- F. [read post]
1 May 2018, 7:52 pm
By Rodney F. [read post]
27 Mar 2015, 9:51 am
Valencia, 222 F.2d 1173 (9th Cir. 2000), vacated and remanded in 532 U.S. 901 (2001), the 9th holds that a preponderance standard was appropriate for the one count to which the defendant plead guilty but that the relevant conduct from the other loans should have been proved by clear and convincing evidence. [read post]
1 Dec 2013, 5:00 am
The plaintiff’s counsel argued that, using the same logic, the defendant’s expert should also be excluded under Rule 702 because defendant planned to use him to offer testimony on the same issues. [read post]
25 Jun 2014, 11:21 am
The defendants filed a motion to dismiss that was denied, and the Idaho Supreme Court heard the issue on a permissive appeal.After giving a nod to prior decisions discussing the “general rule” regarding the primacy of court jurisdiction, the Idaho Supreme Court re-emphasized that “‘[f]reedom of contract is a fundamental concept underlying the law of contracts and is an essential element of the free enterprise system. [read post]
17 Feb 2016, 1:23 pm
Mathis, 738 F.3d 719, 737 (6th Cir. 2013), permitted the District Court to reserve a motion for acquittal made at the close of the United States' case. [read post]
17 Jan 2019, 10:00 pm
The analysis of a "regular and established place of business" relied upon the case ofIn re Cray Inc., 871 F.3d 1355, 1362 (Fed. [read post]
17 Aug 2021, 11:25 am
A duty to disclose may arise in four circumstances: “(1) when the defendant is in a fiduciary relationship with the plaintiff; (2) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (3) when the defendant actively conceals a material fact from the plaintiff; and (4) when the defendant makes partial representations but also suppresses some material facts. [read post]
1 Mar 2017, 5:00 am
., 838 F.3d 139 (2d Cir. 2016). [read post]
21 Aug 2020, 8:39 am
req=(title:18%20section:1344%20edition:prelim)%20OR%20(granuleid:USC-prelim-title18-section1344)&f=treesort&edition=prelim&num=0&jumpTo=trueRead More [read post]
17 Oct 2013, 12:33 pm
F. [read post]
8 Feb 2017, 11:20 am
The CFPB’s complaint can be found here: http://files.consumerfinance.gov/f/documents/201701_cfpb_Howard-Williamson-complaint.pdf ### [read post]
28 Jan 2014, 2:40 am
The district court certified the class, and the defendants appealed, arguing that it had not found that the common question it identified--whether the defendants had caused benzene leaks--predominated over individualized issues of causation and damages. [read post]