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4 Mar 2008, 2:58 pm
"[2] On de novo review, we conclude that evidence of two massive oil spills is too dissimilar to be considered in assessing defendant's reprehensibility in causing and responding to the underground contamination of plaintiffs' commercial property. [read post]
10 Jan 2017, 8:15 am by Eric Goldman
By Guest Blogger Tyler Ochoa On December 20, 2016, the New York Court of Appeals (the highest court in the State of New York) held 4-2 (with one judge recused) that “New York common-law copyright does not recognize a right of public performance for creators of sound recordings. [read post]
31 Oct 2013, 3:40 am
If there is no evidence of third-party use, why should a defendant who does nothing be shielded from the probative effect of that lack of evidence? [read post]
30 May 2018, 3:09 am by SHG
The story would sound absurd, and, indeed, does, if you read it without understanding how and why it happens. [read post]
28 Dec 2015, 3:10 pm by emagraken
He asks the patient to explain the patient’s complaint, and if the patient does not mention pain in his answer, he concludes that in his opinion the patient does not have pain and thus does not have a lasting injury. [read post]
5 Jan 2016, 8:34 pm by Stephen Bilkis
The transcript does not indicate the presence of any unnecessary individuals during the conversation between Mr. [read post]
21 Jun 2010, 6:22 am by Patrick Scanlon - Guest
§ 3582(c)(2), which permits courts to reduce the prison term of a defendant sentenced under a Guidelines range that was retroactively amended by the U.S. [read post]
17 Apr 2024, 8:59 am by Eugene Volokh
[But] the "science and data" presented by Defendant to justify the distinction between closing some types of bars and not others … does not support Defendant's position, even if we consider all such information to be true. [read post]
18 Dec 2023, 3:25 am by Andrew Lavoott Bluestone
Plaintiff does not dispute that, even if the declarations were subject to privilege or grand jury secrecy rules, defendants would have had to provide notice those documents were being withheld from production because they were responsive (see CPLR 3122[b]). [read post]
4 May 2013, 9:15 am by Rebecca Tushnet
What values is society attempting to protect or defend? [read post]
21 Nov 2010, 5:10 pm by Law Lady
State ,(Fla.App. 2 Dist.)Criminal Justice - Defendant whose convictions were reversed because his acts were not criminal was not a "wrongfully incarcerated person. [read post]
13 May 2014, 3:11 pm by Evan M. Levow
Pennsylvania State Troopers pulled the defendant over on State Route 35 at 2:40 a.m. on April 4, 2010, after allegedly witnessing his vehicle weave within its lane and cross the center double-yellow line several times. [read post]
13 Mar 2008, 3:37 pm
The circumstances, he considered, may well arise where alternative accommodation is offered that does not carry the right to buy (para 47). [read post]
24 Feb 2011, 4:36 pm by Brian Shiffrin
DuBrin,Special Assistant Monroe County Public DefenderIn People v Prindle (_NY3d_, 2011 NY Slip Op 01320 [2/22/11]) Mr. [read post]