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6 May 2020, 9:00 pm
The Statute of Limitations is also a protection for defendants because it’s an affirmative defense. [read post]
17 Mar 2009, 10:57 am
The New York Appellate Term, Second Department has held that crossing a fog line does not constitute a violation of the New York Vehicle & Traffic Law. [read post]
22 Aug 2014, 2:12 am by Michael DelSignore
State Legislation Since Doe Almost twenty years after the Doe decision, the Massachusetts high court decided to lower the bar for defendants seeking to seal a record of a nolle prosqui or dismissal. [read post]
26 May 2015, 2:00 pm
Since the complaint does not detail further the surrounding circumstances, it is impossible to determine the reason for the defendant's actions. [read post]
29 Mar 2016, 12:01 pm by Broussard & David
  The Doe defendants are representatives of the corporations whose conduct allegedly caused or contributed to the damages of the plaintiff. [read post]
26 Apr 2010, 3:10 pm by David S. Seltzer
Kids looking at graphic images of kids their age may technically be illegal, but it doesn’t create the same power imbalance that adults exploiting children does. [read post]
16 Jan 2007, 5:20 am
The federal court explained that American Pipe "allowed for the tolling of the statute of limitations in certain instances with respect to plaintiff class actions," but it "does not broadly toll the statute of limitations in defendant class action suits. [read post]
27 Jul 2016, 9:34 am
If a person does have his/her driver's license suspended and is caught driving thereafter, that does become a criminal offense for which a jail sentence is a possibility. [read post]
27 Sep 2019, 11:23 am by Claire R. Cahoon
The district court conducted full Faretta hearings for both defendants, granted their request, and appointed standby counsel. [read post]
1 Apr 2013, 10:20 am by Steve Harms
  However, in Michigan at least, this does not require a physical touching of the Summons and Complaint. [read post]
1 Apr 2013, 10:20 am by Steve Harms
  However, in Michigan at least, this does not require a physical touching of the Summons and Complaint. [read post]
27 Jul 2016, 9:34 am
If a person does have his/her driver's license suspended and is caught driving thereafter, that does become a criminal offense for which a jail sentence is a possibility. [read post]
2 Dec 2015, 4:08 am by R. David Donoghue
  Defendant’s evidence offered after the dismissal was too late, and it was not supported by affidavit or other admissible evidence, even if it had been timely. [read post]
  But, if a class-action plaintiff stipulates, prior to certification of the class, that he, and the class he seeks to represent, will not seek damages that exceed $5,000,000 in total, does that stipulation remove the case from CAFA’s scope? [read post]
14 Jul 2024, 8:56 am by Daniel M. Kowalski
Answering the screening question in the negative can be defended, as signing an I-485J does not imply the type of ’employment visa’ sponsorship the question typically refers to. [read post]
7 Mar 2020, 8:24 am by Jeffrey P. Gale, P.A.
Defendants argue that there hasn’t been an injury or that an injury, as visualized in diagnostic testing such as x-rays and MRI imaging, is preexisting and unrelated to the accident. [read post]
2 Apr 2010, 9:44 am
So does Mark Bennett at Defending People. [read post]