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21 Apr 2014, 9:01 pm by KC Johnson
How does Cohan’s amateur tax calculations of “something like a $20 million payment” get him to $20 million exactly? [read post]
3 Feb 2012, 12:30 pm
In Florida, in order to be charged with DUI, a person does not necessarily have to be driving the vehicle while impaired from alcohol or drugs. [read post]
17 Feb 2015, 12:01 pm by Patrick T. Ryan
Ct. 1426 (2013), does not require plaintiffs seeking class certification under Rule 23(b)(3) to show that damages ”are capable of measurement on a classwide basis. [read post]
12 Aug 2015, 5:00 am
  Such a holding does not appear warranted by existing California case law. [read post]
13 May 2024, 8:46 pm by AccelerateEditor
How does the concept of causation differ in cases involving multiple defendants or contributory negligence? [read post]
9 Jan 2023, 5:00 am
The court otherwise found that the new Defendant was not so closely related to the original parties that had been given notice of the action such that notice of the lawsuit could be imputed to the new Defendant through the filing of the original Complaint against the original Defendants. [read post]
12 Aug 2024, 9:22 am by Patrick J. Murphy, Esq.
Certain evidence does not have enough probative value to counteract the risk of unfair prejudice to a defendant, so the Rules of Evidence may prohibit its admission. [read post]
20 Feb 2014, 8:31 am by Lisa Michelle Kömives
In this situation, it does not appear that Castolenia was completely aware of what she was agreeing to, but the settlement is enforceable regardless. [read post]
22 Aug 2016, 12:53 pm
A person does not have a reasonable expectation of privacy in the location of a vehicle in a public parking lot. [read post]
10 Sep 2013, 10:57 am by Second Circuit Civil Rights Blog
His complaint named John Doe defendants along with one officer that Askins was able to identify. [read post]
22 Aug 2016, 12:53 pm
A person does not have a reasonable expectation of privacy in the location of a vehicle in a public parking lot. [read post]
12 Mar 2014, 3:57 pm
Unfortunately, for those cases where the defendant has exhausted his/her appellate rights, this decision does not help them. [read post]
18 Mar 2019, 7:56 am by Eugene Volokh
Oregon (1972), the Supreme Court held that the Sixth Amendment requires unanimity for a verdict — but that the Fourteenth Amendment does not carry this rule over to the states, and that even 9–3 verdicts are constitutionally permissible. [read post]
16 Nov 2011, 12:46 pm by The Docket Navigator
"The Court [rejects] [defendant's] argument that because Microsoft is member of RPX, and because [defendant's] software only runs on Microsoft Windows, all uses of [defendant's] software are licensed. [read post]
30 Jan 2014, 12:40 pm
But the prosecution did not exercise caution in refuting evidence to order to ensure that the defendant does not suffer any prejudice while he was being impeached. [read post]
4 Feb 2014, 1:59 pm
Moreover, since there was no evidence at trial that there existed a possibility of a transference of DNA from the defendant to the victim during the course of the attempted robbery/murder, and the defendant still maintains that his confession was false, in that he claims that he was not present at the time of the gun crime, the results of any forensic DNA test comparing the defendant's DNA to the unknown samples would be inconclusive; therefore, it is the Court's… [read post]
29 Sep 2024, 1:19 pm by Hanlon Law, PA
Florida, which held that the Sixth Amendment does not mandate a twelve-person jury for non-capital cases. [read post]
A district court in Ohio found that if the forum selection clause does not clearly and unequivocally waive the right to removal, it cannot find that the defendants waived their right to remove the action. [read post]