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11 Jan 2012, 6:00 am
The state high court transferred the case back to the Court of Appeal, Fourth Appellate District, Division One, with instructions to reconsider in light of Cabral v. [read post]
8 Aug 2017, 7:46 am
In civil litigation, a judge can impose sanctions or give an adverse inference charge to a jury, which essentially instructs the jury that it would be proper for them to infer that the missing evidence would have been harmful to the party who failed to preserve it. [read post]
9 Oct 2015, 4:15 am
The family court operates on a different standard of proof to the criminal court – that is to say something is proved in the Family Court (like all other civil courts) if it is “more likely than not” that it happened. [read post]
29 Mar 2011, 12:59 pm
Finding that the absence of such an instruction may have affected the verdict, as the jury could not find that Mr. [read post]
16 May 2012, 5:51 am
But what happens to our civil justice system when 25 percent of the people on your jury today don’t even believe in awarding money for these losses and harms? [read post]
17 May 2013, 11:19 am
The State raised two issues: (1) that the court of appeals erroneously used a subjective standard to assess whether defense counsel was ineffective; and (2) under an objective standard, counsel could not be held ineffective for failing to request a mistake-of-fact instruction because the State had to prove that appellant knew the money was forged as an element of its case. [read post]
12 Jul 2012, 7:30 am
It is the intent of the Legislature that, in those cases where such an affirmative defense is raised, the jury shall be instructed on the permissive presumption provided in this subsection. [read post]
28 Mar 2023, 6:03 am
Several courts have held that, in an individual case, the $500 per-call minimum in the TCPA does not violate the Williams standard. [read post]
27 Nov 2006, 9:31 am
Second, we hold that the trial court properly instructed the jury on the reasonable doubt standard of proof. [read post]
27 Oct 2010, 11:30 am
Once the 9th found that there was a right of appeal, it denied defendant relief on his appeal issues, where he argued that the indictment should have been dismissed, the jury should have been instructed on wilfulness, and he should have been allowed to raise a diminished capacity defense. [read post]
19 Aug 2008, 8:28 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
7 Apr 2023, 3:12 am
By calling the evolution of the CMA's take on the console market theory of harm (which was a rational decision in recognition of hard facts) "irrational", Sony invokes the standard for appellate review (by the UK Competition Appeal Tribunal). [read post]
9 Oct 2014, 8:46 am
John Elwood reviews Monday’s relisted cases. [read post]
22 Mar 2009, 9:28 am
Whether the defendant is entitled to acquittal or a new trial because the Tenth Circuit, in conflict with the standards applied in other circuits, erred by upholding the jury instructions bearing on the materiality of the type of information at issue, and by holding that there was sufficient evidence that the defendant failed to disclose material information and knew it. 2. [read post]
4 Aug 2016, 9:01 pm
Supreme Court, which has “ruled in favor of an expansive interpretation of civil RICO in a series of cases. [read post]
19 Mar 2008, 7:03 am
"[15] Third, reviewing courts should consider "the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases. [read post]
17 May 2010, 7:30 am
Court, however, vacated district court’s dismissal of Moore’s state law claims and remanded with instructions to consider whether to allow amendment under the standards of Federal Rule of Civil Procedure 15. [read post]
6 Feb 2024, 7:12 am
In the Courts (3 cases) NEW JERSEY MATTRESS COMPANY SETTLES IC MISCLASSIFICATION CASE WITH DRIVERS FOR $4.5 MILLION. [read post]
16 Jul 2012, 5:44 am
I do not think that the professional standards argument arises, because the solicitor can no longer bear the expense and is to withdraw. [read post]
16 Jul 2012, 5:44 am
I do not think that the professional standards argument arises, because the solicitor can no longer bear the expense and is to withdraw. [read post]
