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19 Mar 2021, 8:23 am
Third, the order does not require parties to redact exhibits. [read post]
19 Mar 2021, 7:30 am
First, what does not constitute hearsay? [read post]
19 Mar 2021, 5:54 am
If, however, the amendment effects a substantive change in the law, the defendant does not receive the benefit of the change. [read post]
19 Mar 2021, 5:02 am
" Id. [2] Wiest v. [read post]
19 Mar 2021, 4:00 am
It does not identify those individuals by name, but it appears to reference Trump’s onetime personal lawyer Rudolph Giuliani, whose repeated meetings with a suspected Russian agent came under scrutiny by U.S. officials. [read post]
18 Mar 2021, 9:01 pm
So absent some compromise and party-line-crossing (which does not seem very popular these days), then eliminating or softening supermajority rules like the filibuster may be the only way to avoid a gridlock stalemate.Filibuster Observation 2: Looking at the Senate’s Own Recent Past is Also IlluminatingObservation number two is that the recent angst over the filibuster is déjà vu all over again, kind of. [read post]
18 Mar 2021, 11:26 am
Certain suppliers such as Peiker, a German subsidiary of a French company named Valeo, intervened (in support of defendant Daimler) early on. [read post]
18 Mar 2021, 10:28 am
If the Ninth Circuit ever does the same my blogs will start getting much shorter. [read post]
18 Mar 2021, 9:33 am
The court went on to hold G.S. 20-16.3A constitutional, specifically finding that the statute does not violate the right to free travel and does not impermissibly foreclose equal protection challenges arising from the placement of checkpoints. [read post]
18 Mar 2021, 6:02 am
The husband left no estate and the hospital retained the defendant law firm to collect the debt from the plaintiff. [read post]
18 Mar 2021, 12:00 am
Although Arizona does not have a vehicular assault or vehicular manslaughter law, as do many other states, our state does address death related DUI offenses. [read post]
17 Mar 2021, 9:57 am
In this case from the Eastern District of Virginia, the plaintiff experienced engine trouble and pulled over to the side of the road around 1 or 2 a.m. [read post]
17 Mar 2021, 5:01 am
As noted above, the duty does impose some burden on publishers, and might create something of a chilling effect. [read post]
17 Mar 2021, 5:01 am
The Department does not have that funding. [read post]
[Eugene Volokh] Lawsuit Against College for Part Refund of Fees for COVID-19 Shutdown May Go Forward
17 Mar 2021, 4:52 am
Stonehill's refund plan does not include a pro rata reimbursement for any of the fees paid for services not provided due to the campus closure (e.g., the recreational center, technology, and parking fees). [read post]
16 Mar 2021, 5:15 pm
To succeed on such a claim, the plaintiff must show that the defendant committed: “‘(1) an unfair or deceptive act or practice, or an unfair method of competition; (2) in or affecting commerce; (3) which proximately caused actual injury to the plaintiff or to his business. [read post]
16 Mar 2021, 3:43 pm
After being sentenced to concurrent terms of 5 years and 2 1/2 years in state prison, the defendant sought appellate review. [read post]
16 Mar 2021, 5:55 am
Factual Background In early 2014, Plaintiff TFHU, a toy-inventing nonprofit, learned that defendant Mattel, a highly successful toy manufacturer, was looking to develop a new version of its “Barbie” brand doll that would include a mechanism for Barbie to fly. [read post]
16 Mar 2021, 4:00 am
[However] qualified immunity shields officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. [read post]
15 Mar 2021, 6:33 pm
However, the Sixth Circuit does have a substantial body of case law explaining reasons why a denial of disability benefits will not be upheld. [read post]
