Search for: "DOE DEFENDANT"
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22 Aug 2013, 9:49 am
But does it warrant outright dismissal? [read post]
11 Nov 2016, 9:53 am
Early last week the Court of Appeals reversed a decision of the First Department which held that the rule of law announced in People v Catu applies retroactively to pre-Catu convictions (People v Smith, 132 AD3d 511 [1st Dept 2015]) -- a decision I had labeled a "huge success for the criminal defense bar" in an October blog post.In People v Catu, the New York Court of Appeals held that the court must advise a defendant of the post-release supervision (PRS) component… [read post]
5 Jan 2024, 9:46 am
The statute does not contemplate tolling claims until a plaintiff can demonstrate that she was n [read post]
30 Jun 2008, 7:00 pm
Obama does not need to get into this battle. [read post]
18 Mar 2020, 9:55 pm
Noonan -- Recently, the Federal Circuit has taken up issues relating to infringement under the doctrine of equivalents (DOE) and a related doctrine, prosecution history estoppel (PHE), that limits the scope of equivalents that can be asserted under DOE. [read post]
6 Dec 2017, 1:10 pm
This means that certain offenses, such as a misdemeanor that is punishable only by a fine, does not include the right to a public defender. [read post]
6 Dec 2017, 1:10 pm
This means that certain offenses, such as a misdemeanor that is punishable only by a fine, does not include the right to a public defender. [read post]
6 Aug 2008, 4:17 am
But what if a proffer does in fact proceed without any proffer agreement: does the defendant automatically get the benefit of Rule 410? [read post]
13 Feb 2011, 7:00 pm
” However, it does not specify exact time limits. [read post]
13 Nov 2007, 10:06 am
Does 1-16, the case targeting students at the University of New Mexico, Magistrate Judge Garcia issued an order which required the RIAA to:--provide full sets of papers for each John Doe defendant, and--give the defendants 40 days in which to review the papers with their counsel, and, if so advised, to oppose discovery.September 9, 2007, Order, Requiring 40 days Notice and Full Sets of Papers for John Doe defendants** Document published online at… [read post]
7 Oct 2010, 7:39 pm
Street, an unpublished opinion, that a defendant’s traumatic brain injury was not relevant for the purposes of his trial for second-degree test refusal because a person’s inability to understand the implied-consent advisory is not a basis for an affirmative defense so long as the person [...] [read post]
25 Jul 2023, 2:33 am
The Sixth Amendment gives you legal rights as a defendant once you are in the criminal justice system. [read post]
8 Jul 2015, 8:33 am
As you probably know from the movie My Cousin Vinny, the prosecution has to turn over all evidence favorable to defendant even if the defendant does not ask for it. [read post]
15 May 2008, 3:12 pm
But what happens is since the jury does not know about the insurance, they look at somebody and oftentimes they will take the opposite approach of assuming that the person cannot pay and therefore they do not find against the defendant even if the defendant is at fault. [read post]
5 Feb 2016, 8:33 am
An order for security can be an important defendant’s tool since a plaintiff who is ordered to, but does not post, security for costs will be precluded from pursuing its claims. [read post]
17 Mar 2022, 8:01 am
According to the defendant, though, U.S. law does not define marijuana plants with less than .3 percent THC as marijuana. [read post]
16 Jan 2015, 9:39 am
"While Daimler altered the analysis with respect to general jurisdiction - and the Court agrees with [defendant] that this Court cannot exercise general personal jurisdiction over either of the [defendants] on the basis that they are 'at home' in Delaware - Daimler does not change the fact that [the subsidiary defendant] consented to this Court's exercise of personal jurisdiction when it registered to do business and appointed an agent for… [read post]
27 Jun 2016, 9:00 am
Last month, President Obama signed the Defend Trade Secrets Act (the DTSA), which creates a new cause of action in federal court for the misappropriation of trade secrets. [read post]
8 Feb 2018, 6:00 am
The post Defending California’s Horses appeared first on Animal Legal Defense Fund. [read post]
31 Dec 2016, 8:29 am
However, unlike the Trade Marks Act 1994, the Regulation does not include a requirement that the applicant must be using or have a bona fide intention to use a trade mark. [read post]
