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21 Apr 2011, 12:30 pm by webmaster
American Multi-Cinema, Inc., 623 F.3d 708 (9th Cir. 2010) (available here), the Ninth Circuit has held that Rule 23 does not permit the trial court to consider whether the defendant’s potential liability would be disproportionate to the class members’ actual damages. [read post]
26 Jan 2014, 7:38 am by Steven Eversole
Not only does the appeals process give defendants the opportunity to raise potential errors in handling their case, it has also prevented wrongful executions. [read post]
24 Jun 2011, 6:46 am
If you were arrested for a Tempe DUI, based on your BAC results that factor alone does not mean you will be "convicted". [read post]
25 Feb 2010, 11:08 am
This occurs when a private attorney or, frankly more frequently, a public defender, allows a client to end up on probation to the wrong judge in the first place. [read post]
14 Mar 2019, 6:20 am by Kate Mancuso
But the National Emergencies Act does not offer any definition of “emergency” at all, leaving it open to broad interpretation. [read post]
28 Mar 2010, 10:32 am by Chamlin, Rosen, Uliano & Witherington
The cases that involve defendants who were found guilty of driving while intoxicated where the vehicles are not moved at all, at the very least describe the defendant as being located inside the car when the police officers investigate. [read post]
4 Dec 2013, 7:44 am by Stephen M. Ozcomert
However, simply not receiving a response does not necessarily mean that you may be entitled to a default judgment. [read post]
21 Apr 2012, 7:05 pm by Kenan Farrell
Perriguey of Law Works LLC Defendant:     William Michael Jones, Mindy Jones, www.boneprone.com, www.tubekings.com, www.socalmovies.com, La Vista, Chin Holdings China, Marvin Greencarrier, John Does 1 – 100, John Doe Companies 1-100 Cause:    Copyright Infringement, Contributory Copyright Infringement, Vicarious Copyright Infringement, Inducement of Copyright Infringement, False Designation of Origin Court:    Oregon… [read post]
31 Dec 2007, 8:49 am
Unlike criminal cases where pretrial publicity is usually about the defendant (rather than the prosecutor), pretrial publicity in civil cases might be about either the defendant or the plaintiff. [read post]
27 Oct 2011, 9:13 am by David Monachino
  Defendants moved to dismiss several of  the non-patent counts, including a trade secret misappropriation claim. [read post]
21 Oct 2008, 8:37 am
  The court then ruled that the policy’s “related wrongful acts” provision did not limit the duty to defend by excluding “related wrongful acts,” but instead merely established the limits of liability under other sections of the policy. [read post]
2 Sep 2013, 11:14 am
The applicable rule to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not based on the rulings in Blockburger v United States. [read post]
Doing so does not necessarily require the Commonwealth to introduce concrete evidence of a DUI defendant’s intoxication, however. [read post]
26 Jun 2011, 4:47 am
Both acknowledge that the test is whether the defendant is “physically present. [read post]
7 May 2010, 11:08 am by Diane Polscer
The Supreme Court of Washington held in a case arising from an assault that a split of authority regarding an assault and battery exclusion meant the duty to defend existed, and the insurer acted in bad faith denying the duty to defend. [read post]