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29 Jun 2011, 7:16 pm
In considering only the issue of whether an insurer/claim administrator is a proper defendant in an action to recover benefits under the terms of the plan, the Ninth Circuit noted that “[b]y its terms, § 1132(a)(1)(B) does not appear to limit which parties may be proper defendants in a civil action. [read post]
26 Sep 2014, 4:54 pm
A New York Criminal Lawyer said the defendant's motion challenges the constitutionality of CPL 530.12 and 530.13, arguing that the failure of these statutes to provide for an adversarial evidentiary hearing at defendant's request before a temporary order of protection is issued or continued deprives defendant and others similarly situated of due process guarantees of the Fifth and Fourteenth Amendments to the United States Constitution and article I, § 6 of… [read post]
17 Jul 2018, 8:17 am
Technically, the spouse who files is the plaintiff or petitioner, and the other spouse is the defendant or respondent. [read post]
24 Jun 2011, 12:23 pm
Each of those represents a custodial claim on a defendant's presence to adjudicate existing charges or allegations. [read post]
31 Jan 2008, 8:12 am
Comment: This case does not even cite Simmons that a defendant's testimony at a suppression hearing cannot be used at the trial unless the defendant testifies contrary to it. [read post]
7 Jan 2013, 9:22 am
Judge Andrews explained, “Chief Judge Sleet does not allow summary judgment briefing absent an approval process. [read post]
2 Nov 2020, 10:00 am
Voisine’s rationale does not require the Supreme Court to hold otherwise, and neither does the ACCA’s legislative history, Borden explains. [read post]
19 Nov 2007, 1:47 pm
One, the now default, does the encryption work on Hushmail's server and works largely like regular webmail. [read post]
13 May 2011, 3:00 pm
It states that the defendant does not plead guilty to the charge, but doesn't wish to dispute it either. [read post]
9 Jul 2013, 9:01 pm
A jury convicts John Doe of murder for killing Bob Smith. [read post]
20 Aug 2015, 2:36 pm
But that admission does not have the effect of a guilty plea. [read post]
7 Apr 2008, 2:18 am
For example, Dallas County has a PD office (which supplements private appointments), but Tarrant County does not. [read post]
17 May 2021, 12:31 pm
If the plaintiff does not meet his or her burden of proving negligence by a preponderance of the evidence, he or she will not be entitled to recover money damages. [read post]
1 Jan 2008, 9:19 am
Consensual recording of defendant by his wife did not violate the Fourth Amendment or statutory privilege, which had been amended before defendant's trial. [read post]
22 Jun 2008, 3:44 pm
Previously in Kansas, it was up to judges to decide whether to grant a juvenile defendant's request for a jury trial. [read post]
27 May 2008, 11:39 pm
How does that sentence differ from "Did the defendant commit the crime? [read post]
20 Oct 2011, 8:44 pm
Nor could a jury conclude that it was reasonably foreseeable -- i.e., that Defendants knew or should have known -- that John Doe would be abused as a result of Defendants' conduct and that Defendants were therefore grossly negligent in placing Reyes in, and not removing him earlier, from Doe's residence. ... [read post]
10 Jun 2016, 8:38 am
“[T]he need for individual damages calculations does not, alone, defeat class certification. [read post]
15 Feb 2022, 2:20 pm
The court found that sealing a complaint based on Defendants' logic "would create an untenable result—the sealing of all complaints in actions in which the plaintiff does not prevail…" Moreover, "[t]he potential for a negative impact on a party's future business or social status does not outweigh the presumption of access. [read post]
17 Sep 2018, 8:31 am
Applying these principles, the court rejected the action for the following reasons: The Customs Enforcement Regulation must be considered as an exhaustive concluding system which shall not be diluted by national unfair competition law; the defendant’s customs application was not limited to the plaintiff but potentially affected third parties and even licensees of the defendant likewise; the defendant had agreed to release the subject scale cars within the… [read post]
