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7 Feb 2013, 2:48 pm
Talking does no good. [read post]
30 Jun 2010, 4:23 am
The Court of Appeals of Indiana noted that there are only four codified exceptions to the proscription in Indiana's rape shield rule -- Indiana Rule of Evidence 412 -- on the admission of evidence of past sexual conduct by a witness or the alleged victim: The rule allows for the admission of (1) evidence of the victim's or of a witness's past sexual conduct with the defendant; (2) evidence which shows that some person other than the defendant… [read post]
1 Dec 2011, 12:00 pm
Last but not least, the AG requests an order that each defendant "take all actions necessary to cure defects in title resulting from" (1) the defendant's initiation of foreclosure proceedings where it was not the holder of the mortgage or where its published notice did not correctly identify the holder, and (2) the defendant's failure to register all assignments or transfers of beneficial interests in… [read post]
4 Nov 2009, 1:49 am
November 2 Ruling In her November 2 decision, Judge Illston denied the renewed dismissal motion. [read post]
23 Feb 2012, 1:26 pm
B. 274 that made two (2) significant changes to section 33.004 of the Texas Civil Practices and Remedies Code. [read post]
29 Jul 2013, 2:54 pm
§1441(b)(2), which prohibits a defendant from removing a case based on diversity jurisdiction if the defendant is a resident of the forum state, didn’t prohibit GSK from removing a case from Philadelphia’s Court of Common Pleas because GSK was a citizen of Delaware, not Pennsylvania. [read post]
13 Jul 2016, 5:44 am
” From this premise, the court concluded that there was no Brady duty to search the personnel files because Brady does not require the prosecutor to learn of, or disclose, something that a reasonably diligent defendant could get on his own. [read post]
24 Apr 2014, 5:00 am
For example, defending someone with a criminal history does not constitute misleading the court. [read post]
29 Jun 2012, 11:46 am
Without defendant's alleged admissions, the accusatory instrument does not show that the defendant engaged in conduct likely to be injurious to the child which is an element of the crime. [read post]
1 Mar 2018, 10:02 am
Maryland Rule 2-535 Under Maryland Rule 2-535, when asked by a party in the lawsuit, a court can “exercise revisory power and control over the judgment. [read post]
25 Oct 2011, 7:50 am
At 2. [read post]
5 Mar 2015, 6:00 am
§ 1109, or whether it can shift the burden on that element to the defendant by carrying its burden on the analytically distinct elements of breach of fiduciary duty and loss to the plan; and (2) whether an ERISA fiduciary with a duty of prudence can be held liable for money damages under Section 1109 even though its ultimate investment decision was objectively prudent. [read post]
7 Jun 2018, 4:48 pm
With the exception of a single 2 level reduction, “the PSR’s offense-level calculations mirrored those in the plea agreements. [read post]
11 Sep 2014, 7:42 am
2(a). [read post]
18 May 2015, 5:44 am
Both `substitute service’ and `nail and mail’ service require knowledge of the defendant's `actual place of business, dwelling or usual place of abode’ (CPLR 308[2],[4]). [read post]
1 Mar 2009, 9:29 am
Plaintiff does not allege that Defendants made any misrepresentation or omission of material fact to support a claim for fraud or that Defendants' breached any other duty independent of their contractual obligations. [read post]
2 Feb 2010, 6:20 pm
So where does that leave the majority? [read post]
21 Nov 2018, 10:42 am
More Blog Posts: Use of High Beams Does Not Justify Traffic Stop, According to New Jersey Supreme Court, New Jersey DWI Attorney Blog, September 29, 2016 “Protective Sweep” Exception Allowed Police to Search New Jersey DWI Suspect’s Car, According to Court, New Jersey DWI Attorney Blog, May 16, 2016 New Jersey DWI Defendant Challenges Officer’s Justification for Traffic Stop, New Jersey DWI Attorney Blog, April 24, 2016 [read post]
31 Jul 2010, 8:41 am
As such, with trial likely to occur in the next six to nine months, defendants have been severely prejudiced by plaintiffs' inappropriate conduct including the following: (1) defendants have been unable to ascertain plaintiffs' specific contentions/allegations; (2) defendants have been unable to identify subsequent treating doctors so that they may subpoena such records, keeping in mind that it will take an additional 30-45 days to obtain these records… [read post]
16 Nov 2018, 7:14 am
§ 1605(a)(2)) and tortious conduct that causes injury or damage in the United States (28 U.S.C. [read post]
