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11 Sep 2018, 3:44 am by The Law Offices of John Day, P.C.
…We hold that a plaintiff does not comply with the mandatory pre-suit notice provision of Tennessee Code Annotated section 29-26-121(a)(1) when the plaintiff does not give written pre-suit notice to a health care provider that will be named as a defendant—even though that health care provider has knowledge of the claim based on pre-suit notice the plaintiff sent to another potential defendant. [read post]
14 Jun 2011, 7:50 am by Evan Brown (@internetcases)
Does 1 – 5,829) has issued an order denying motions to quash filed by several of the unnamed defendants. [read post]
31 May 2013, 7:24 am
Applying the above reasoning, and relying on Article 52(1) (which allows the defendant in an infringement proceeding to bring a counterclaim for invalidity), the General Court observed that the fact that a party may file an application for a declaration of invalidity, with a view to subsequently use the contested sign, is compatible with the public interest safeguarded by Article 7(1)(c), and cannot amount to an abuse of rights in any circumstances. [read post]
16 Feb 2012, 6:14 am
While defendant arguably had standing to contest the stop of the vehicle [which Brendlin holds and the court does not even cite] he was a mere passenger and had no standing to contest the search of the trunk of a car where he was a mere passenger under Rakas. [read post]
26 May 2017, 1:07 pm by Francis Pileggi
The post Unocal Claim Does not Satisfy Rule 23.1 appeared first on Delaware Corporate & Commercial Litigation Blog. [read post]
7 Mar 2008, 7:00 am
Comment: This does not mean that the defendant has to call the putative host as a witness, although that is the best course. [read post]
10 Dec 2021, 9:35 am by James E. Novak, P.L.L.C.
The woman called 9-1-1 and was taken to the hospital, where she found pieces of her cell phone in her hair. [read post]
9 Apr 2009, 7:13 am
§ 3103 will not lead to exclusion unless there is a substantial showing of either (1) incurable prejudice to the defendant or (2) bad faith on the part of law enforcement officers or government agents. [read post]
6 Jan 2014, 6:28 am
It does so on grounds that (1) permission to appeal was improperly denied and (2) any exemption from registration must be made at the time of the defendant's sentencing, or not at all. [read post]
20 Jan 2007, 5:05 am
January 17, 2007): However, the Defendant argues in his objections that the employer's ownership of the seized computer and components and the existence of the above-quoted policy, which does not forbid all personal use of computers and allows for employee monitoring of an employee's work computer, is not dispositive of the employee's expectation of privacy. [read post]
14 Jun 2009, 4:54 am
"[W]hile [the court] finds that the initial stop of Defendant's vehicle was lawful, it does not find that the Government has demonstrated that the firearm was in plain view at the time it was seized, and will accordingly grant Defendant's motion to suppress the firearm. [read post]