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12 Jul 2022, 3:54 pm
Doe 3 (2d Cir. 2010), the district court held that "Everytown has made a prima facie showing of actionable harm" and that "the defendants' expectation of privacy, while a factor, is outweighed in this case by Everytown's need for the information" because "defendants may not use the First Amendment to encroach upon the intellectual property rights of others. [read post]
15 Apr 2013, 2:43 pm
Gov interest in trying alleged co-conspirators together does not automatically justify delay. [read post]
26 Aug 2013, 3:44 pm
Based on the assessment, the evaluator concluded that the defendant does not meet the DSM IV criteria for substance abuse or dependence. [read post]
28 Jul 2011, 9:19 am
His reasons for this desire is that the attorney does not understand the facts of the case and that by defending himself “true justice” will be served. [read post]
28 Sep 2017, 4:20 am
In one of the more confusing fact recitations we have come across, where Plaintiff in action 1 is Defendant in action 2 and where both parties are female, pronouns and party-designation does not help. [read post]
31 Mar 2011, 11:12 am
In most lawsuits the Defendant feels that the Plaintiff’s claims are unfounded, but that does not necessarily make the claims frivolous. [read post]
1 Jul 2016, 9:47 am
A federal appeals court ruled on Wednesday that the absence of a duty to defend does not foreclose the potential for indemnity coverage under primary and umbrella liability policies. [read post]
19 Nov 2016, 4:48 am
Patent No. 6,127,353 (“the ‘353 patent”) are valid but that defendant does not infringe the asserted claims of the ‘353 patent with its ANDA product.[1] Specifically, the Court found in favor of plaintiff Merck and against defendant as to defendant’s asserted affirmative defenses of invalidity of the ‘353 patent based on obviousness-type double patenting and alleged lack of an adequate written description of the invention as… [read post]
15 Mar 2015, 5:00 am
Question: How long does a defendant have to answer a complaint for divorce before a default judgment is issued? [read post]
22 Aug 2018, 3:05 am
Once, it was established that the defendant’s trademarks were words with the mere prefix “MERCY”, the question of “MERCYKIND” also being the trade mark of the defendants with respect to the same goods of the defendants would not arise. [read post]
Repeated Failure to Comply With Discovery Obligations Warrants Terminating and Evidentiary Sanctions
28 Mar 2011, 2:31 pm
"[A]lthough [the remaining defendant] contends that it cannot compel [the defaulting defendant] to produce ordered documents, the willful non-disclosure on the part of [the defaulting defendant] benefits [the remaining defendant] directly by ensuring that [counterclaim plaintiff] does not obtain documents which could enable it to establish its defenses. [read post]
4 Jan 2008, 7:18 am
Heck's fn. 7 does not create a Fourth Amendment exception in the Ninth Circuit. [read post]
30 Mar 2012, 2:54 am
Daniel involved a reoccurring issue in Massachusetts drug crimes, to what extent does the odor of marijuana and the possession of marijuana justify a full search of a vehicle. [read post]
16 Aug 2017, 4:40 pm
What does federal criminal law have to say about domestic terrorism? [read post]
8 Dec 2014, 1:45 pm
The police officer does not find the drugs during a search incident to an arrest, but the personnel at the jail finds the drugs during a more thorough search. [read post]
9 Oct 2014, 8:17 am
In the case of a driver who does not have a license, it is likely that he or she does not have car insurance, since auto insurance companies require proof of license and driving history before offering coverage. [read post]
26 Sep 2017, 1:07 pm
You can see why this opinion comes out where it does. [read post]
21 Feb 2019, 6:24 am
"While the complaint in this case does not provide definite or specific dates on which plaintiff's requests for medical treatment were made, or any dates when anyone at the jail ignored his requests, the amended complaint "substantially complies" with Rule 8 because it "identifies discrete defendants and the actions taken by defendants that purportedly violated Harnage's Eighth Amendment rights. [read post]
24 Feb 2018, 3:23 pm
Does it matter? [read post]
16 May 2014, 7:26 am
If the Court of Criminal Appeals does this, Mr. [read post]
