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16 Aug 2011, 4:13 pm
Tydel John, No. 09-4185 (Aug. 15, 2011), the Court holds 2-1 that the good faith exception to the exclusionary rule does not apply — and that evidence must therefore be suppressed — when an officer obtains and executes a warrant for child pornography by means of an affidavit representing that people who commit contact sex offenses against children customarily keep evidence of such crimes, including “photographs,” in their homes. [read post]
30 Jan 2012, 2:25 am
Attorney 1 sues attorney 2 over fees, but does not sue the estate. [read post]
7 Oct 2019, 4:25 am
Defendants’ other [*2]arguments present disputed factual issues concerning the standard of care and proximate cause that are not properly resolved on a motion to dismiss the complaint (see Urias v Daniel P. [read post]
16 Sep 2021, 8:00 am
The defendant argued that Ms. [read post]
24 Sep 2019, 12:12 am
The court accepted this and recalled that the simple fact that an unauthorized use has commercial purpose does not weight against a finding of fair use.Regarding the second factor, the Defendants argued that the photographs were unoriginal and documentary in nature. [read post]
24 Sep 2019, 1:54 pm
“Although the injunction confers some public benefit, stopping misleading advertising about whale watching does not ameliorate a serious public harm. [read post]
11 May 2011, 9:41 am
§ 78dd-2(h)(2)(A). [read post]
11 May 2011, 9:41 am
§ 78dd-2(h)(2)(A). [read post]
5 Feb 2007, 1:48 pm
Indeed, even though it wasn't really raised by the defendant, the First goes so far as to hold that: Free Speech Coalition does not overrule this court's decision in United States v. [read post]
6 Jun 2022, 11:47 am
This is the point when a defendant can move to have the case dismissed because the plaintiff allegedly does not have sufficient evidence to support their claims. [read post]
24 Sep 2024, 5:49 am
" The statement indicates the facts on which the expression of opinion was based and does not imply others. [read post]
16 Jun 2010, 4:35 am
Docket No. 65 Ex. 2 at 27, lines 18-20. [read post]
19 Jun 2020, 1:35 pm
Ct. 1589, 1594 (2020) recently walked through this explanation. [2] U.S. [read post]
9 Jan 2014, 2:52 am
[translating into human-readable language: does the private copying exception/limitation apply no matter whether the source from which the copy is made is legitimate?] [read post]
7 Mar 2014, 1:41 pm
The court can dismiss a petition without a hearing, if the petition does not assert the basis for the relief and expressly request the hearing. [read post]
28 Aug 2013, 5:59 pm
The lawsuit against the defendants charges them with violating at least 2 federal acts, the Telemarketing Sales Rule and the Dodd-Frank Wall Street Reform and Consumer Protection Act. [read post]
28 Apr 2009, 4:18 am
"In November 2006, the plaintiff, pro se, commenced the instant action, alleging that after he was [*2]denied full Board review, the defendant failed to advise him of "any other legal remedies" relating to the workplace incident. [read post]
21 Jul 2008, 10:07 am
Kenney, J.), entered January 2, 2008, reversed, with $ 10 costs, motion denied and defendant's counterclaim reinstated. [read post]
7 Jul 2011, 2:40 am
The defendants represented the plaintiffs in the entirety of the litigation. [read post]
2 Feb 2016, 12:55 pm
” Samuel Butler The negligence standard does not require omniscience by the defendant; rather, in products liability law, the manufacturer is expected to know what experts in the relevant field know, at the time of making and marketing the allegedly offending product. [read post]
