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7 Oct 2010, 9:52 am by Eugene Volokh
Based on his own admission, the defendant was convicted of rape pursuant to section 345(a)(2) in one of the cases and of fraudulently receiving a benefit in the others as part of a plea bargain. [read post]
28 Nov 2015, 1:00 pm by John Ehrett
Texas 15-65Issue: Whether Texas’s standard for determining if a capital defendant meets the second prong of the definition of intellectual disability (“deficits in adaptive functioning”) violates the Eighth Amendment in light of Atkins v. [read post]
26 Oct 2016, 7:38 am by Shea Denning
The notice informed the defendant of the State’s intent to prove that the defendant (1) had two or more prior convictions involving impaired driving within seven years of the instant offense, (2) drove a motor vehicle on a highway while his license was revoked for impaired driving, and (3) caused serious injury to another person. [read post]
26 Oct 2016, 7:38 am by Shea Denning
The notice informed the defendant of the State’s intent to prove that the defendant (1) had two or more prior convictions involving impaired driving within seven years of the instant offense, (2) drove a motor vehicle on a highway while his license was revoked for impaired driving, and (3) caused serious injury to another person. [read post]
30 Dec 2022, 11:48 am by Mavrick Law Firm
  Florida businesses have sometimes sued for defamation, and the defendant has asserted as a defense that the Florida court does not have “personal jurisdiction” over the defendant. [read post]
19 Dec 2016, 12:31 pm by Lee E. Berlik
This does not mean that a plaintiff can convert any ordinary breach-of-contract case into a fraud case. [read post]
5 Mar 2020, 12:19 pm by Andrew Hamm
Vickers 19-679Issues: (1) Whether qualified immunity is an affirmative defense (placing the burden on the defendant to raise and prove it) or whether it is a pleading requirement (placing the burden on a plaintiff to plead its absence); (2) whether the Supreme Court should recalibrate or reverse the doctrine of qualified immunity. [read post]
1 Jul 2016, 8:28 pm by Evan M. Levow
The court noted that the offense of DWI, as defined by New Jersey law, does not specify a required mental state. [read post]
12 Feb 2017, 8:31 am by The Law Offices of John Day, P.C.
To use res ipsa loquitur, a plaintiff must show “(1) what object or condition caused the injury, (2) that the object or condition that caused the injury is of a kind that does not ordinarily occur in the absence of negligence, and (3) that the instrumentality causing the injury was under the defendant’s exclusive control when the injury occurred. [read post]
1 Jul 2016, 8:28 pm by Evan M. Levow
The court noted that the offense of DWI, as defined by New Jersey law, does not specify a required mental state. [read post]
30 Aug 2021, 10:48 am by Kevin LaCroix
Unlike many of the SPAC-related lawsuits, it does not involve a company in the electric vehicle industry and it does not involve a company that was the subject of a short-seller attack. [read post]
12 Feb 2017, 8:31 am by The Law Offices of John Day, P.C.
To use res ipsa loquitur, a plaintiff must show “(1) what object or condition caused the injury, (2) that the object or condition that caused the injury is of a kind that does not ordinarily occur in the absence of negligence, and (3) that the instrumentality causing the injury was under the defendant’s exclusive control when the injury occurred. [read post]
26 Apr 2019, 3:26 am by The Law Offices of John Day, P.C.
When a case is brought against a governmental entity and “the GTLA does not provide immunity, courts may look to the general rule of immunity under the public duty doctrine. [read post]