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4 Oct 2016, 4:00 am by Ken Chasse
How does a defendant (the accused) produce “evidence to the contrary” for purposes of challenging its reliability? [read post]
13 Jul 2016, 5:50 am
The opinion goes on to explain that, in order to  test the legal sufficiency of the state's allegations to charge him with voyeurism, the defendant moved to dismiss the three informations, without procedural objection by the state, under Practice Book § 41–8(2). [read post]
8 Jul 2011, 1:09 pm by Stephen Neyman, P.C.
Those factors contemplate 1) the length of the delay, 2) the reason for the delay, 3) the defendant's assertion of his right to a speedy trial and 4) the prejudice to the defendant. [read post]
25 Nov 2013, 3:18 pm by Stephen Bilkis
Stop, stand or park irrespective of the provisions of this title [VII]; “2. [read post]
25 Jan 2021, 10:18 am by Dennis Crouch
  A jury sided with the patentee and the district court awarded $2 million in back-damages, and $400 per infringing wash in ongoing royalties. [read post]
6 Feb 2010, 6:20 am
Me and my closest 2 million friends! [read post]
6 Feb 2010, 6:20 am
Me and my closest 2 million friends! [read post]
8 Apr 2014, 6:15 am
  But a statute, simply by its existence, does not come with a private right to enforce it in civil court. [read post]
12 Feb 2016, 9:03 am by Andrew Delaney
The court agrees with OCS, stating that (1) “defendant lacked standing to bring a parentage action because he is not the “natural parent” of the child” and (2) “VAP was ineffective to establish parentage because defendant is not a ‘biological’ parent of the child. [read post]
1 Aug 2013, 1:42 pm by Michelle Yeary
  Again, the court was clear that failure to test does not stand alone, but it is one of the factors in the risk-utility analysis. [read post]
30 Nov 2017, 11:29 am by Rebecca Tushnet
  “[A]n injunctive order prohibiting the repetition of expression that ha[s] been judicially determined to be unlawful [does] not constitute a prohibited prior restraint of speech,” but such an order must be in the narrowest terms that will accomplish a permissible goal. [read post]
11 Apr 2022, 8:44 am by Jan Jacobi
The Member State where the Community design court is ruling over a case, does not necessarily has to be the same Member State where the infringement took place. [read post]
5 Mar 2012, 2:51 am by Andrew Lavoott Bluestone
The affidavit of defendants' principal, which claimed that he orally protested plaintiff's services, does not serve to defeat plaintiff's motion. [read post]
16 Mar 2023, 12:14 pm by Eugene Volokh
The Ninth Circuit has warned against expanding jurisdiction under Rule 4(k)(2) in situations where the foreign defendants have had only limited contacts with the United States…. [read post]
27 May 2009, 10:51 am
The ongoing litigation against my old academic home in Coalition to Defend Affirmative Action v. [read post]
21 Jan 2013, 3:08 pm
Penal Law § 130.05 (2), as amended, now states that lack of consent results from forcible compulsion; or incapacity to consent; or where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct. [read post]
23 Apr 2014, 9:23 pm by Kirk Jenkins
 Counsel noted one witness' comments that he had worked at the store in the 1990s and recalled the store was charging 2% for cashing checks, although the liquor license hadn't been granted until 2002. [read post]
20 May 2013, 11:55 pm by Daniel Richardson
  It just does so at the first step rather than the second. [read post]