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25 Aug 2020, 9:02 am by Aaron Rubin and Andrew Iwanicki
Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the possibility that Defendant created or developed the allegedly unlawful content. [read post]
If a defendant’s attorney does not communicate a plea offer, however, and the defendant is convicted, the defendant may not have any recourse if he or she does not learn of the offer in a timely fashion. [read post]
13 Apr 2009, 4:03 pm
The Court of Appeal rejected that argument as a matter of law:[Plaintiff] does not cite any apposite case showing, or otherwise persuade us,such conduct is so reprehensible that the general rule limiting punitivedamages to 10 percent of a defendant's net worth should not apply. [read post]
12 Oct 2007, 9:15 am
The lead per curiam opinion begins, "The plaintiffs in this action bring claims under the Alien Tort Claims Act against approximately fifty corporate defendants and hundreds of 'corporate Does.' The plaintiffs argue that these defendants actively and willingly collaborated with the government of South Africa in maintaining a repressive, racially based system known as 'apartheid,' which restricted the majority black African population in all areas… [read post]
6 May 2010, 8:47 am by The Docket Navigator
In granting plaintiff's motion to dismiss defendant's counterclaims concerning unasserted patent claims for lack of subject matter jurisdiction, the court rejected defendant's argument that "because it has asserted an inequitable conduct claim, each and every claim of the [patent-in-suit] is subject to the Court’s jurisdiction. [read post]
15 Feb 2007, 8:15 pm
In that sense alone, I am a civic nationalist, someone who believes in the necessity of nations and in the duty of citizens to defend the capacity of nations to provide the security and the rights we all need in order to live cosmopolitan lives.Michael Ignatieff Blood and Belonging: Journeys into the New Nationalism [read post]
27 Jun 2011, 6:20 am by Peter Edelman
” Okay, so they say there’s a better case for giving the defendant a lawyer when the state is the plaintiff. [read post]
3 Jan 2017, 9:01 pm by Sherry F. Colb
Most importantly, the rule does not aim to make women feel ashamed of having an abortion. [read post]
20 Mar 2009, 7:25 am by Michael L. Saile, Jr., Esq.
The police officer is required to make sure that the defendant does not ingest any sources of additional alcohol, regurgitate, or burp/belch. [read post]
14 Nov 2007, 7:51 am
Seven University of Maine students have joined forces to make a motion to dismiss the RIAA's John Doe complaint, and to stay the RIAA's subpoena, in a Portland, Maine, case, Arista v. [read post]