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15 Sep 2019, 6:57 am
However, a quirk in the rules regarding discovery is that a Defendant does not have to serve responses to such discovery requests until 45 days after service of the summons and complaint. [read post]
24 May 2022, 4:16 pm
The claimant normally does not want the matter to proceed to court, much less to trial, instead hoping that the risk of having to pay costs will lead to an early capitulation from the defendant. [read post]
30 Jan 2014, 7:20 am
"Defendants assert that [plaintiff's] business model is based on serial litigation intended to extract licensing fees below the cost of defending litigation. . . . [read post]
9 Dec 2015, 7:02 am
[Defendant] cites no authority for the proposition that rules of prosecution have any effect on a judicial determination of validity. [read post]
12 Oct 2010, 4:53 am
It concluded that under the facts of the Colville case, in which counsel acquiesced to the defendant's decision not to request submission of lesser-included offenses to the jury, it did not have to reach a decision on this issue, since such acquiescence does not constitute ineffective assistance of counsel even if it was decision to be made by counsel. [read post]
KY: Pulling down handcuffed defendant's pants to search for crack felt in a patdown was unreasonable
13 Nov 2008, 6:31 pm
Plain feel during a patdown revealed crack cocaine, but the officer had to pull down the defendant's pants and underwear to see it, hidden beside defendant's genitals. [read post]
9 Dec 2020, 2:42 am
In addition, establishing adequate provocation is a complicated process that does not always lead to a favorable outcome. [read post]
9 Dec 2020, 2:42 am
In addition, establishing adequate provocation is a complicated process that does not always lead to a favorable outcome. [read post]
29 Jul 2009, 4:17 am
Defendants removed the cases to federal court, contending that the retailer, the only Alabama defendant, was fraudulently joined. [read post]
9 Aug 2012, 4:24 am
Plaintiff also does not need to achieve a judgment in its favor against the karaoke operators before it brings the instant action. [read post]
29 Jul 2009, 4:17 am
Defendants removed the cases to federal court, contending that the retailer, the only Alabama defendant, was fraudulently joined. [read post]
8 Jun 2016, 9:26 pm
Second, the CPC does not include general deterrence in its "unambiguous" list of factors a trial court may consider in sentencing an individual defendant. [read post]
17 Jul 2019, 6:34 am
It does not look like the courts have ruled on whether a second inventory search is legal, but the Second Circuit breaks ground in this case on that issue.The Court of Appeals does not really get into this, but my sense is they worried that someone else would rent the same car the next day and somehow find the gun in the console. [read post]
24 May 2013, 5:13 am
As Wikipedia notes, to deal with situations like this, courts have allowed plaintiffs to name fictitious – or “John Doe” – defendants in their initial complaints, on the premise that they will file amended complaints that correctly identify the defendants, once they have that information. [read post]
22 Dec 2010, 7:08 am
Defendant's motion for Rule 11 sanctions for plaintiffs' filing of a qui tam false marking action was denied despite defendant's arguments that plaintiffs' counsel knew the mismarking was a scrivener's error that could not be corrected due to a lack funds. [read post]
29 Nov 2006, 4:16 pm
Plaintiff: Amy Seiler Defendants: Harry J. [read post]
18 May 2011, 7:43 am
[T]he data at issue in the [patents] does not change forms -- it is merely transferred from one format -- a document or file -- to another -- the application program. [read post]
17 Apr 2009, 2:07 am
., April 2, 2009), is an appeal by defendant who was convicted of capital murder for causing the death of Angela Alex and her unborn child. [read post]
10 Oct 2022, 5:17 pm
Following that hearing, the trial court granted defendants’ motion to dismiss. [read post]
8 Nov 2021, 1:28 pm
So what does this mean for companies and individuals being investigated by the FTC? [read post]
