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14 Jun 2017, 11:59 am by Andy Nikolopoulos
The Texas Supreme Court in 2015 issued an opinion that should make it easier for defendants to win summary judgment in premises liability cases. [read post]
21 Mar 2008, 7:46 am
The submission of the application does not guarantee that the course will be approved. [read post]
27 Sep 2019, 11:09 am by Blair & Kim, PLLC
  If the insurer does act improperly, the claimant may be able to pursue an insurance bad faith claim. [read post]
6 May 2016, 10:28 am by David Kravets
"In this case, the defendants made self-incriminating statements to avoid a credible risk of physical violence," the top court ruled. [read post]
7 May 2012, 4:56 am by Andrew Frisch
The DOT’s citation of “some” of Defendants’ intrastate-only drivers, however, does not provide a sufficiently reasonable basis for concluding all such drivers were under the DOT’s jurisdiction and, therefore, exempt from FLSA. [read post]
16 Feb 2018, 7:30 am by Legal Profession Prof
Carlos Ramon Mulatillo privately retained attorney Steven Gardner to defend him on felony drug charges. [read post]
18 Mar 2024, 5:51 pm by Sarah Baumgartel
The defendant’s offense must not involve particular aggravating factors (violence, guns) and the defendant must have a limited criminal history. [read post]
11 Mar 2014, 3:00 am by ADeStefano
 The Court held that the indemnification provision, even if broadly worded, was nevertheless enforceable because: (1) General Obligations Law 5-322.1, which applies to agreements collateral to a lease, was inapplicable to the condominium unit; (2) the clause did not require the unit owner to indemnify the defendants for their own negligence and (3) since the condominium defendants demonstrated that they were free from fault, the agreement, "as applied, does not run… [read post]
11 Dec 2019, 8:59 pm
At the circuit level, the Defendant has counsel and may enter a guilty plea on the first appearance, but rarely does that happen. [read post]
3 Feb 2014, 1:25 pm by Jon Sands
In a Supervised Release violation case, as a legal matter, the 9th holds that "an Alford plea is insufficient evidence to prove commission of a state crime for purposes of a federal supervised release violation when the state itself does not treat as probative of the fact that the defendant actually committed the acts constituting the crime or crimes of conviction." [read post]
7 Feb 2018, 10:48 am by Jon Sands
The stipulation set forth reasons for a bench trial, including evidence issues, scheduling, and allowance for a joint trial, which permitted various defendant’s statements to come in against co-defendants as to avoid a Bruton problem.The 9th concludes that the record does not adequately show the waivers were voluntary, knowing, and intelligent as required by Fed R Crim P 23(a)(1). [read post]
9 Dec 2014, 7:02 am by Docket Navigator
Defendant filed its motion for attorneys’ fees fifty-five (55) days later. . . . [read post]
11 Dec 2019, 8:59 pm
At the circuit level, the Defendant has counsel and may enter a guilty plea on the first appearance, but rarely does that happen. [read post]
11 Dec 2019, 8:59 pm
At the circuit level, the Defendant has counsel and may enter a guilty plea on the first appearance, but rarely does that happen. [read post]
11 Aug 2015, 6:34 am
The Court rejected this argument, finding that while “sampling involves the direct copying of a sound recording, this mode of copying does not somehow shield a defendant from also infringing the underlying musical composition. [read post]
8 Sep 2023, 4:10 am by Howard Friedman
Without credible evidence that the video incited or produced imminent lawless action or was likely to do so, defendant's speech does not fall within the narrow category of incitement exempted from First Amendment protection.Volokh Conspiracy has more on the decision. [read post]