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12 Jan 2022, 8:16 am by Eugene Volokh
[Redacted], "[f]ive years after they broke up, Plaintiff claims she 'learned' that she was raped by [the defendant] during their consensual relationship. [read post]
18 Nov 2007, 8:47 am
The defendant alleged a violation of his rights in The Netherlands by actions of the DEA. [read post]
10 Dec 2020, 7:44 am by Rebecca Tushnet
Newman, 959 F.3d 1288 (11th Cir. 2020): In a software case using the abstraction, filtration, comparison approach, the burden of proof on the protectability of what was copied is on the defendant in the filtration analysis, not on the plaintiff. [read post]
7 Aug 2015, 1:07 pm by Jon Sands
Brown, 416 F.3d 980 (9th Cir. 2005), the Ninth Circuit had held that the secret deal between one of Silva's codefendants was material exculpatory evidence that should have been provided to the defense under Brady v. [read post]
5 Jan 2015, 1:05 pm by Andrew Delaney
" Further, Vermont Rules of Civil Procedure rule 4.2 (F) requires the bank to "serve the disclosure under oath within 30 days after the service of the trustee summons" but also adds "unless the (lower) court otherwise directs. [read post]
17 Jun 2013, 4:56 am by Rebecca Tushnet
Federal Insurance Co., 252 F.3d 608 (2d Cir. 2001), New York law distinguishes between the duty to indemnify and the duty to defend, applying “very different presumptions” to each. [read post]
31 Aug 2015, 7:52 am by Lawrence B. Ebert
See Spiegla, 481 F.3dat 964 (7th Cir. 2007) (holding that defendants had notwaived challenge to holding in first appeal where issuenot raised on remand in district court or initial briefingbecause intervening decision was issued after appellatebriefing); Mendenhall, 26 F.3d at 1583 (law of the case didnot apply where new decision issued while case on appeal);Morris v. [read post]
22 Apr 2011, 4:00 am by Ted Folkman
Fla. 2011), involves an attempt to serve process on a Canadian defendant. [read post]
17 Mar 2015, 1:11 pm by Jamie Markham
A defendant is sentenced to 10–21 months for a Class H felony. [read post]
8 Sep 2015, 4:00 am by Matt Maurer
(d)  All costs associated with the video conference or similar technologies being used will be borne by the CBC defendants. [read post]