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10 Apr 2019, 8:39 am by Steven Cohen
The court does opine that Baker may not testify that Dillon herself discarded a smoldering cigarette. [read post]
15 Feb 2017, 6:41 am by Steven Cohen
Huang’s use of the phrase “likely association” also does not satisfy inclusion under Daubert. [read post]
5 Sep 2011, 7:00 am by Rebecca Tushnet
Federal jurisdiction is barred under the McCarran Act if: (1) the federal law at issue does not specifically relate to the business of insurance; (2) the state law regulating the activity was enacted for the purpose of regulating the business of insurance; and (3) applying federal law would invalidate, impair, or supersede the state law. [read post]
14 Sep 2007, 11:24 am
Smith does not claim that he has paid the statutory copying fee or that he is entitled to a copy of the records at public expense because he is indigent. [read post]
29 Jul 2020, 4:19 pm by INFORRM
The answer is that it does still apply; it just weighs differently in the balance. [read post]
14 Apr 2021, 10:45 am by Stan Gibson
Roberts, 944 F.2d 1235, 1248 (6th Cir. 1991) (holding the defendant does not have a right to jury trial for Lanham Act claims where the complaint “requested only equitable relief; an injunction and disgorgement of profits. [read post]
8 Nov 2009, 9:54 pm by Simon Gibbs
  In an effort to throw some light on the issue, I will let you have my thoughts on the subject.The starting point is CPR 44.4(2): “Where the amount of costs is to be assessed on the standard basis, the court will – (a) only allow costs which are proportionate to the matters in issue”.In the early days of the CPR, defendants, naively with the benefit of hindsight, thought this meant what it said. [read post]
23 Jan 2024, 11:47 am by Jason Rantanen
Joes Identified in Schedule A, No. 1:23-cv-02605 (SDNY Jan. 2, 2024), ECF 76. [read post]
8 Mar 2018, 3:12 pm by Adam Levitin
 I think it is law-school-note shorthand for Plaintiff (PP) and Defendant (DD). [read post]
1 Feb 2011, 9:11 am by admin
Actual knowledge that another person is the title owner does not, in and of itself, defeat a claim of right by an adverse possessor. [read post]
28 Aug 2015, 6:28 am by Dean Freeman
Although he initially named numerous defendants, the only defendants against whom claims proceeded to trial were claims against the building owner and general contractor. [read post]
23 Jul 2007, 6:58 am
If anything, it will only get stronger.2) No, quite the opposite.3) Unlikely.I took a look at the few decisions where the issue has been directly addressed and was encouraged by what I found.Texas has become a much better place to be a class action defendant than it was even a few years ago, thanks to substantive and procedural reforms. [read post]
12 Dec 2008, 11:00 pm
Now this is based on Montana law which does not include any changes required by the Adam Walsh Act. [read post]
11 Apr 2012, 6:24 am
The law, printed below, conveys the authority on a Colorado Judge to find a defendant to be "in need of treatment. [read post]