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19 May 2021, 6:16 am by John Pierce
What does the normal Jane Citizen do when learning of such an investigation? [read post]
19 May 2021, 4:00 am by Howard Friedman
Seitz admitted that Olivas does not and cannot perform any ministerial duties for the Diocese due to Olivas’ suspension of faculties. [read post]
18 May 2021, 2:28 pm
Pylant noted the following: “Although it does not appear that an actual breach must occur, the defendant must have intended to induce a breach (even if unsuccessful), thereby making performance more difficult in some way that injured the plaintiff. [read post]
18 May 2021, 1:02 pm by Jon Sands
The decision is here: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/12/19-10405.pdf 2. [read post]
18 May 2021, 12:54 pm by Jon Sands
The 9th reiterates that a Court does not personally have to explain the elements of the offense. [read post]
18 May 2021, 5:56 am by Joel R. Brandes
Thus, in order to establish her entitlement to an upward modification of the plaintiff's child support obligation, the defendant had the burden of establishing “a substantial change in circumstances” (Domestic Relations Law § 236 [B] [9] [b] [2] [i]; Family Ct Act § 451 [3] [a]). [read post]
17 May 2021, 4:00 pm by Josh Blackman
Whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law. 2. [read post]
17 May 2021, 2:49 pm by William Ford, Matt Gluck
Tuesday, May 18, 2021, at 2:30 p.m.: The Senate Armed Services Subcommittee on Cyber will hold a hearing on the cybersecurity of the defense industrial base. [read post]
17 May 2021, 1:03 pm by Kevin LaCroix
”[i] This is the “lowest possible burden of proof” and “does not require a stockholder to prove that the wrongdoing actually occurred. [read post]
17 May 2021, 10:27 am by Arthur F. Coon
An anti-SLAPP motion has two steps: (1) the defendant must show the challenged allegations or claims arise from protected activity, and if so (2) the plaintiff must show its claims have at least “minimal merit” in order for them to proceed. [read post]
17 May 2021, 7:23 am by Camilla Hrdy
  [Vernor holds that "a software user is a licensee rather than an owner of a copy where the copyright owner (1) specifies that the user is granted a license; (2) significantly restricts the user's ability to transfer the software; and (3) imposes notable use restrictions. [read post]
17 May 2021, 4:03 am
The Federal Circuit "'has set forth the following four elements a plaintiff must prove in a Board proceeding in order to prevail on a claim of dilution by blurring: (1) the plaintiff owns a famous mark that is distinctive;(2) the defendant is using a mark in commerce that allegedly dilutes the plaintiff’s famous mark;(3) the defendant’s use of its mark began after the plaintiff’s mark became famous; and(4) the defendant’s use… [read post]
17 May 2021, 12:45 am by Annsley Merelle Ward
In its statement of answer, Wyeth indicated that it would primarily rely on its second auxiliary request, and would not defend the claims as granted. [read post]
14 May 2021, 12:11 pm by Eugene Volokh
" The convicted defendants are not guilty of the crime they were charged with, given the plain text of the statute. [read post]
14 May 2021, 10:30 am by Andrew Hamm
Arguing that the federal courts of appeals are split on the question, which could apply to thousands of defendants eligible for First Step Act relief, Houston asks for the justices’ review. [read post]