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11 Jul 2012, 12:42 am
Practice point: There is no cause of action relying on statements contained in affidavits submitted in opposition to plaintiffs' preliminary injunction motion, because those statements are protected by both the judicial proceedings and fair report privileges.Student note: It is not a fatal defect that the an allegation does not specify which of the defendants made the statements.Case: Fletcher v. [read post]
11 May 2016, 10:43 am
., and JOHN DOES I-X, Defendants and Appellees. [read post]
12 May 2008, 3:38 am
United States [LII case backgrounder] that allowing a magistrate judge to oversee jury selection does not deprive a criminal defendant of the right to a jury trial and complies with the Federal Magistrates Act [text]. [read post]
23 Jul 2010, 3:52 pm
And what, if anything, does section 1983 have to do with anti-SLAPP statutes? [read post]
5 Sep 2022, 8:59 am
" Does everyone with that album in their home possess child pornography?! [read post]
3 May 2018, 10:11 am
IPNews® – Last week the US Supreme Court ruled 7-2 that the U.S Patent and Trademark Office’s in-house review does not violate a defendant’s right to have a case judged by a jury and federal court. [read post]
23 Jun 2011, 9:29 am
New Mexico that the Confrontation Clause [Cornell LII backgrounders] does not allow laboratory reports containing testimonial certification to be entered into evidence against a defendant without the testimony of the analyst who personally observed the test and certified the report. [read post]
14 Jan 2015, 12:45 pm
[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday that a habeas petitioner who receives a favorable ruling at the district court level does not have to take a cross-appeal or obtain a certificate of appealability to defend the judgment in his favor on appeal. [read post]
11 May 2022, 7:47 pm
It does not extend the knowledge requirement to proof of the defendant’s knowledge of status as a person prohibited from ... [read post]
16 Aug 2021, 7:45 am
A personal injury claim does not require physical injuries. [read post]
27 Mar 2008, 5:04 am
When mentally ill defendants are found competent to stand trial, does that also mean they are competent enough to represent themselves in court? [read post]
2 Oct 2012, 2:00 am
” By “we” he does not mean America — but the entire West. [read post]
2 Feb 2009, 6:20 am
Of course, it is worth nothing that this does not include the number of cases in which summary judgment is granted for the defendant which changes the numbers good bit. [read post]
11 Jun 2010, 5:29 am
The Ohio Supreme Court last Monday held that "the involuntary commitment of a criminal defendant who is charged with a violent first or second-degree felony and who remains mentally incompetent to stand trial beyond the one-year statutory time frame for restoring competency does not violate that person's constitutional rights to due process or equal protection," and, further, that, because the [read post]
6 Dec 2018, 2:48 pm
If the plaintiff does not bring suit before the period ends, the defendant will be able to assert a defense based on the statute [...] [read post]
8 Dec 2011, 8:07 am
An assistant public defendant and assistant attorney general were questioned by the Florida Supreme Court Justice’s about their legal positions. [read post]
2 Oct 2014, 12:43 pm
In this case, the Plaintiffs EMD Millipore Corporation appeals the district courts grant of Summary judgment that the Defendant, AllPure technologies does not infringe the asserted claims of US Patent Number 6,032,543. [read post]
27 May 2009, 5:41 am
Belton" but does not have to decide that.] [read post]
11 Dec 2007, 1:51 am
It was the same day the Supreme Court loosened the reins on federal judges, allowing them much broader discretion to sentence defendants to below guideline numbers. [read post]
27 Jan 2010, 12:58 am
Practice point: As a general rule, a party who enters into a contract to render services does not assume a duty of care to parties outside the contract. [read post]
