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16 Jun 2023, 1:30 am
How Does a Loss of Consortium Affect My Personal Injury Case? [read post]
16 Jun 2023, 12:15 am
I've copied Section 800(b)(2) and highlighted the additional California requirement below: The plaintiff alleges in the complaint with particularity plaintiff's efforts to secure from the board such action as plaintiff desires, or the reasons for not making such effort, and alleges further that plaintiff has either informed the corporation or the board in writing of the ultimate facts of each cause of action against each defendant or delivered to the corporation or… [read post]
15 Jun 2023, 9:01 pm
While disclaiming any ruling on the merits of the Rogers test as a general matter, the Court noted that the test “has always been a cabined doctrine,” and a defendant’s mere “expressive” use of a trademark — for example, conveying humor or parody — does not automatically lead to application of the test. [read post]
15 Jun 2023, 9:01 pm
As I wrote elsewhere, I don’t think they should have been sentenced to life imprisonment, and I think the purpose of punishment is not to cast out but to bring back, but the moral obligation I feel to work toward a world without prisons does not stand in the way of their imprisonment. [read post]
15 Jun 2023, 8:29 pm
At what point does the sky stop being partly cloudy and start becoming partly sunny? [read post]
15 Jun 2023, 3:51 pm
But the court found that the same logic did not apply to an appellate determination that venue was improper; in such cases, the legal system does know precisely why a prosecution failed, and, Alito explained, the defect is unrelated to the concerns of the double jeopardy clause – namely, a defendant’s culpability. [read post]
15 Jun 2023, 3:49 pm
The US Supreme Court ruled on Thursday that the US Constitution’s Double Jeopardy Clause does not bar the prosecution from retrying a criminal defendant if it is determined that the original trial venue was improper. [read post]
15 Jun 2023, 3:04 pm
We have a firm that does basic IT services and then we have an IT security firm that specializes really in IT security. [read post]
15 Jun 2023, 1:09 pm
United States, 21-1557 Issue: Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct for which a jury has acquitted the defendant. [read post]
15 Jun 2023, 12:37 pm
The defendant paid him every two weeks. [read post]
15 Jun 2023, 12:32 pm
As for the Band’s point that the statute does not mention tribes by name, she repeats the point from the beginning of her opinion that “the clear-statement rule is not a magic-words requirement. [read post]
15 Jun 2023, 12:27 pm
Four tribes later joined the case to defend the law. [read post]
15 Jun 2023, 12:19 pm
The defendant is out of state. [read post]
Jeffrey P. Gale, P.A. // Protecting Privacy and Privilege Rights in Non-Party Requests for Documents
15 Jun 2023, 12:01 pm
When the notice of intent to subpoena non-party records is served, the party receiving the notice usually does not have the records. [read post]
15 Jun 2023, 10:23 am
The core principle--no magic words--would apply in state-defendant cases too.Indeed, Lac du Flambeau is notable in another regard. [read post]
15 Jun 2023, 9:00 am
One of the main reasons to seek an expert witness is to provide clarity on how the defendant can be held responsible. [read post]
15 Jun 2023, 7:07 am
Our understanding of cyber operations is almost entirely driven by defenders. [read post]
15 Jun 2023, 6:32 am
If a defendant does not have the funds to hire an expert, it may be possible for a sex crimes attorney to obtain court funding for an expert if it is established that a defendant cannot afford one. [read post]
15 Jun 2023, 6:22 am
Courts in Illinois generally emphasize that intent does not necessarily need to arise for an act to constitute reckless driving. [read post]
15 Jun 2023, 6:13 am
That defense does not always succeed, but plaintiffs need to cite a case that is close enough on point that the court will be satisfied that the defendants knowingly violated the law. [read post]
