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28 Apr 2010, 3:34 am
As individual cases proceeded towards trial, however, Plaintiffs indicated their intention of introducing the following evidence: (1) that ObTape was "adulterated" and "misbranded" in violation of the Food, Drug, and Cosmetics Act, (2) that the defendant engaged in a pattern of misrepresentation to the FDA, and (3) that the defendant falsely told the FDA that ObTape was substantially equivalent to another medical product. [read post]
5 May 2011, 2:43 am
May 2, 2011) [read post]
2 Mar 2009, 8:48 am
" He - or she, the opinion does not specify - (1) improperly characterized the defense case as, inter alia, a "story," "drivel," and "nonsense," (2) called the defendant's testimony "lies" more than thirty times in a twenty-four page summation; (3) used sarcasm to attack the defendant's credibility; and (4) misstated two pieces of evidence. [read post]
2 Apr 2019, 11:38 am
What Does a Manslaughter Charge in Arizona Mean for You? [read post]
19 Nov 2013, 11:24 am
It does not authorize class certification when each individual class member would be entitled to a different injunction or declaratory judgment against the defendant. [read post]
29 Jun 2014, 8:45 am
Judge Harry Pregerson How long does it take the feds to drive a defendant seventeen miles, to appear before a MJ and get appointed counsel? [read post]
19 Mar 2013, 8:36 pm
Id. at 2. [read post]
26 Apr 2017, 6:24 am
Defendants are prohibited from taking any adverse employment actions or retaliating in any way against Plaintiffs and putative class and collective action members on the basis of their participation in this litigation. 2. [read post]
21 Sep 2010, 5:00 am
On Thursday the Mississippi Supreme Court issued an interesting 7–2 opinion in Burnwatt v. [read post]
14 Jan 2019, 6:45 pm
The above mentioned hypothetical does not take into account the downward departures or the 3553 factors that can impact a defendants sentence. [read post]
10 Mar 2008, 9:20 am
If that doesn't violate the Sixth Amendment's Confrontation Clause, which guarantees a criminal defendant the right "to be confronted with the [dildos] against him," we don't know what does. [read post]
21 Apr 2008, 11:52 am
Rees, No. 07-5439 Kentucky's lethal injection protocol used as its method of execution does not violate the Eighth Amendment's ban on cruel and unusual punishments. [read post]
3 Aug 2011, 6:05 am
ARTICLE VI: ENFORCEMENT PROVISIONS … Section 2. [read post]
3 Sep 2012, 7:46 pm
Basically, this question can be asked in this way: from what date does the clock begin to run on this cause of action and when does the clock expire? [read post]
7 Aug 2008, 11:00 am
"A plaintiff may not present its case-in-chief in rebuttal merely because the defendant denies that the plaintiff has made its case during its case-in-chief. [read post]
30 Nov 2009, 9:26 pm
Applicant feebly contended that its mark AUGUSTINER "does not resemble the mark" AUGUSTINER in the cited registration, but "not surprisingly" Applicant offered no explanation. [read post]
16 Jul 2012, 5:25 am
HEALTH CARE L. 1, 2 (2009). [read post]
16 Jun 2007, 11:47 am
Fogel hypothesized three possible biologically plausible mechanisms of action, none had been tested or proven.0 for 2.Third, the defendants' own internal documents. [read post]
21 Feb 2022, 10:00 am
” However, Florida district courts have generally held that “seller” does not include “manufacturer” under this statute, and hence, that the notice requirement does not apply to manufacturers. [read post]
25 Mar 2008, 3:51 am
At a statewide level, "un-filed" cases represented 2% of all cases in which attorneys were appointed to indigent defendants So where does this figure come from that as many as half of arrests never result in an information or indictment? [read post]