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28 Feb 2011, 6:59 am by The Docket Navigator
Despite the Court’s inclination to take an officer of the Court at his word, a thorough review of all the evidence supports an opposite finding. [read post]
10 Sep 2012, 9:56 pm
(The defendant claims he was the banker of the game and thus handled all of the wagered money.) [read post]
21 Apr 2015, 7:00 am by Daniel E. Cummins
  The court also found that the reservation of rights letter which was not sent to the defendant driver until seven months after the filing of the Complaint was not timely.The appellate court rejected the liability carrier's argument that there was no prejudice to the defendant driver with respect to the timeliness of the reservation of rights letter given the fact that the defendant driver was defended by assigned counsel all the while. [read post]
15 Apr 2013, 2:43 pm by Clare Freeman, RWS, WD Mich
  Jury convicted on all counts.A second defendant was told by FBI of warrant for his arrest in '08; defendant said he wanted to cooperate. [read post]
14 Mar 2016, 7:34 am by Eugene Volokh
However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty. [read post]
4 Jan 2010, 3:45 am by SHG
I've known an AUSA who refused to prosecute defendants who were innocent, or the victims of government impropriety. [read post]
30 Jul 2010, 8:43 am by Moseley Collins
CONCLUSION California law requires that, in order to grant a motion for judgment notwithstanding the verdict, the court must weigh all evidence in a light most favorable to defendants in this case, and allowing all legitimate inferences from such evidence in favor of defendant. [read post]
5 Oct 2015, 2:00 pm
  As noted above, the Court did not fully consider Defendants’ preemption argument in ruling on the design defect claim. [read post]
22 Jul 2011, 8:05 am by Ryan McCabe
On appeal, the plaintiff homeowner argued that piercing the veil was unnecessary because he was asserting liability against the defendant based on his individual actions, not trying to hold the contractor vicariously liable for the actions of the LLC. [read post]
3 Jan 2017, 10:30 am by Cyrus Farivar
"Defendant has shown no sign of recognition of wrongdoing and has offered no assurances against future violations. [read post]
16 May 2012, 7:28 am
However, all defendants are entitled to due process of law and to generally have their rights respected by the courts – even when they have been found guilty. [read post]
15 May 2023, 4:45 am by Eric B. Meyer
According to the defendant, it made a business decision to terminate all employees holding the plaintiff’s position because of COVID-19 and the move away from copper-wired telephone lines. [read post]
28 Mar 2011, 7:00 am
Regardless what evidence was put on by the prosecution of the defendant's intoxication, many a defendant would take the witness stand and testify, "All I had to drink was two beers. [read post]
11 Apr 2017, 11:36 am
 If only because we don't have all that many freeway shootings as we did back in the old days. [read post]
19 Aug 2014, 7:04 am by Docket Navigator
Indeed, the record is bereft of all meaningful evidence relating to this issue, with [plaintiff] arguing that it had no notice of the contention and, therefore, no opportunity to pursue related discovery, and [defendant] arguing that it had no responsibility to give any more notice of its defense than it did because it is [plaintiff's] ultimate responsibility to prove direct infringement. . . . [read post]
15 Aug 2016, 9:10 am
The trial court granted all of the defendants' motions for summary judgment on the ground that the plaintiff could not establish that the defendants' actions had caused Home Depot to abandon the development project, or thus to sustain any compensable losses. [read post]
3 Mar 2014, 1:59 pm
All that the Grand Jury was required to conclude was that this defendant and his co-defendant aided and abetted each other and that they conspired, combined, confederated and agreed by and with each other to commit the crime of petite larceny in the first degree in accordance with at least one of the overt acts set out in the indictment. [read post]
27 Feb 2013, 2:45 pm by Micah Gates, RWS, WDTN
Evers, the Sixth held that all restitution awards in CP cases require the government to show that the losses were proximately caused by the defendant’s offense. [read post]