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4 Jan 2013, 4:00 am
Determining whether the defendant owes the plaintiff the specified sum of money does not require the court to evaluate the proprieties of religious teachings. [read post]
9 Mar 2020, 10:01 pm
» Related StoriesCourt Grants Plaintiff’s Motion to Compel Discovery in Loan Dispute: eDiscovery Case LawTop Ten Tips for Working with eDiscovery: eDiscovery Best PracticesPlaintiff Tells Defendant “File Motion to Compel”, Defendant Does and Wins: eDiscovery Case Law [read post]
28 Jul 2019, 8:29 pm
Federal court DUI and misdemeanor defense is different from Virginia state court misdemeanor defense in several ways, including that federal court does not provide the option for a new trial on appeal, unlike the Virginia state system that entitles a defendant to a new trial on appeal from a District Court conviction. [read post]
23 Sep 2013, 3:35 pm
Thereafter, however, the insurance company withdrew is various reservations, and agreed to fully defend the insured.At that point, does the insurance company still have to pay Cumis counsel, or can it simply defend the suit with whomever it prefers? [read post]
2 Jul 2013, 8:50 am
This case considered whether judicial participation in plea negotiation, in violation of Federal Rule of Criminal Procedure 11(c)(1), automatically requires the vacating of a subsequent guilty plea--regardless of whether the violation prejudiced the defendant.By a vote of 9-0 the Court held, per an opinion by Justice Ginsburg, judicial participation in violation of Rule 11(c)(1) does not require that a defendant’s guilty plea be vacated if the record shows no prejudice to the… [read post]
20 Feb 2013, 1:27 pm
The court also rejected damages for emotional distress, finding that plaintiff "failed to meet the high threshold required in proving" this claim because defendant's failure to deliver the dresses was "not so outrageous in character and extreme in degree that it exceeds all bounds tolerated by a decent society which is of a nature calculated to cause, and does cause, serious mental distress." [read post]
17 Oct 2016, 4:30 am
Force-placed insurance is an insurance policy placed by a lender, bank or loan servicer on a home when the property owners' own insurance is cancelled, has lapsed or is deemed insufficient and the borrower does not or cannot obtain another policy. [read post]
10 Oct 2014, 8:45 am
The plaintiff claims that the trial court improperly determined that the Memorial Day holiday does not provide a grace period that extends the statute of limitations, more particularly, the time in which a would-be plaintiff may deliver materials to a state marshal for service of process on the defendants. [read post]
24 Dec 2015, 6:58 pm
Just because a prosecutor presses charges, however, does not mean that a defendant is going to end up facing harsh penalties. [read post]
13 Apr 2015, 11:00 pm
Ellis awarded the plaintiff damages, attorneys’ fees and some requested costs, as well as granting the plaintiff’s motion for sanctions and ordering the defendants to reimburse the plaintiff $12,800 for the cost of conducting a forensic computer examination, which the plaintiff maintained was necessitated by Defendants’ evasive and...Read the whole entry... [read post]
10 Jul 2023, 5:02 am
This case does not involve securities, but rather it concerns $2 million Defendants transferred to Plaintiff between 2018 and 2020 as a part of a potential transaction to purchase ARIDO jewelry. [read post]
29 Apr 2011, 6:32 am
If you were arrested for an AZ DUI arrest based on your BAC results, does not automatically mean you will be convicted. [read post]
7 Jul 2016, 11:08 am
The Defendant was therefore liable for trade mark infringement. [read post]
4 Mar 2014, 3:16 am
This law does not retroactively apply to this case, which the defendants acknowledged on appeal. [read post]
2 Jan 2023, 9:49 am
These factors allowed the magistrate judge to adopt the term sheet as the settlement, as the parties stipulated in the term sheet that it was in fact a binding agreement as to the material terms, the parties partially performed their obligations under the term sheet by requesting the magistrate to continue jurisdiction over the case and requesting dismissal of the case post-term sheet, and defendants made some payments to plaintiffs as per the agreement. [read post]
29 Oct 2015, 4:00 am
I think the distinction has importance in two areas: defending implicit reasons and the tone of submissions. [read post]
12 Jun 2020, 1:15 am
Further, the Insurrection Act does not give the sweeping power the both men envision. [read post]
5 Sep 2023, 6:50 am
Defendant does not get to price discriminate between those who understood the label and those who did not. [read post]
9 Sep 2007, 10:49 pm
As noted by Mullinax, the Circuit Courts are split on the issue of whether a cross-claim defendant is a defendant for purposes of removal. [read post]
17 Feb 2016, 10:00 pm
The availability of a domain name does not mean the same is available as a trademark. [read post]
