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20 May 2019, 9:18 am
Weatherly, 525 F.3d 265 (3d Cir. 2008), the Third Circuit ruled that the prosecutor’s statement was not improper vouching, but was merely a commonsense conclusion which did not require explicit supporting evidence on the record. [read post]
20 May 2019, 9:18 am
”[3] The Sawyer court took this focus to require a showing that the defendant had actual awareness of the intermediary’s knowledge of the dangers of asbestos exposure. [read post]
20 May 2019, 9:16 am
., May 1, 2019), Defendant pled guilty one count each of Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. [read post]
20 May 2019, 9:11 am
That would then result in the two appellate courts in Henry trumping one trial court (2:1) while in the federal court the win ratio would be 3:0 because the district court initially ruled for the customers, the appellate court affirmed the order denying arbitration, and a different U.S. district court judge refused to follow the Texas Supreme Court precedent and instead followed the Fifth Circuit under the law-of-the-case doctrine when the defendants filed a motion for reconsideration. [read post]
20 May 2019, 8:52 am
Botticella, 613 F.3d 102, 114 (3d Cir. 2010); see also PepsiCo, Inc. v. [read post]
20 May 2019, 4:57 am
Urias-Marrufo, 744 F.3d 361 (5th Dist. 2014)( It is counsel’s duty, not the court’s, to warn of certain immigration consequences, and counsel’s failure cannot be saved by a plea colloquy.) [read post]
19 May 2019, 9:00 pm
USDA, 509 F. 3d 572 (2007)]; justice is denied. [read post]
18 May 2019, 5:57 pm
The Ninth attributes much introspection to a self-described egg-roll-chomping Friend of Bill.How to Use: Read Judge Reinhardt’s Fahadconcurrence. 190 F.3d 1097, 1107 (9th Cir. 1999). [read post]
18 May 2019, 9:27 am
The Dallas Court of Appeals recently reversed a default judgment (albeit for unrelated reasons) in a case in which a bank had claimed an attorney fee of $3,000 for obtaining the default judgment on an alleged credit card debt, $1,500 for defending a post-judgment motion, plus an additional $10,000 in additional contingent fees for defending the default judgment on appeal. [read post]
18 May 2019, 5:35 am
Armco Steel Corp., 431 F.2d 22, 25 (3d Cir. 1970) and gave the Plaintiff’s forum choice paramount consideration in balancing the Jumara factors. [read post]
17 May 2019, 2:49 pm
Co., 129 F. [read post]
17 May 2019, 12:28 pm
Because Plaintiff has not yet attempted service through the Hague Convention under Rule 4(f)(1), there is no need to resort to other service methods under Rule 4(f)(3). [read post]
17 May 2019, 8:00 am
Accordingly, the verdict that the jury rendered in favor of the defendant physician was affirmed. [read post]
16 May 2019, 8:00 am
Arthur Andersen & Co., 72 F.3d 1085 (2d Cir. 1995). [read post]
15 May 2019, 9:10 am
Katzman, 881 F.2d 1034 (11th cir. 1989), contractual disputes over copyright belong in state court. [read post]
15 May 2019, 4:00 am
Even the agency’s former director, Michael Hayden, when asked to comment on the Shadow Brokers’s leaks and how they helped enable cyber attacks that caused more than $10 billion of damage, said of his former colleagues that “[i]f they cannot protect the tools, I just can’t mount the argument to defend that they should have them. [read post]
14 May 2019, 10:00 pm
FAA, 600 F.2d 965 (D.C. [read post]
14 May 2019, 3:21 pm
After all, as the Court noted in Watkins, id., "[f]rom the earliest times in its history, the Congress has assiduously performed an 'informing function' of this nature. [read post]
14 May 2019, 11:24 am
SEC, 205 F.3d 408, 414 (D.C. [read post]
14 May 2019, 11:24 am
SEC, 205 F.3d 408, 414 (D.C. [read post]