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7 Apr 2017, 10:30 am
See DFS Br. at 8 n.2. [read post]
2 Nov 2021, 5:03 am
[Who are the right plaintiffs and defendants?] [read post]
18 Feb 2011, 9:45 am
This case does not attract either exception. [read post]
24 Aug 2012, 10:19 pm
The Facts: Allegedly, on 2 July 1979, the applicant led local police on a high-speed automobile chase through Norfolk and Suffolk Counties. [read post]
16 Aug 2021, 6:30 pm
[2]See Tara Leigh Grove, Standing Outside of Article III, 162 U. [read post]
16 Oct 2015, 3:59 am
Thus, the court reasoned Section 2(13)(a) represented "an express attempt by the Legislature to adopt that general rule. [read post]
5 Jun 2014, 12:14 pm
This new act does two things: (1) it precludes litigation against intermediate sellers unless they either took some affirmative action with respect to the product, or the manufacturer for some reason can’t be sued; and (2) it creates a compliance presumption concerning federal safety standards. [read post]
14 Nov 2011, 3:11 am
¶ 2.) [read post]
19 Oct 2010, 3:21 am
Finally, while the court does not address the substance of the ATS&K Defendants' motions at this time, it offers one observation. [read post]
11 Jan 2007, 5:48 am
§ 1332(a)(2) does not in any event extend to litigation in which all of the litigants are aliens. [read post]
17 Jun 2015, 10:00 am
It is presumed that the aggravating factor does not exist. [read post]
9 Jul 2016, 1:00 pm
The SCOV has previously held that a properly granted extension does the trick.Both sets of defendants argue first that “an after-the-fact extension of time for service . . . cannot revive a claim that has already expired where the statute of limitations has run” and, second, that the plaintiffs’ didn’t establish excusable neglect. [read post]
29 Jun 2013, 10:25 am
Since Plaintiff does not allege Defendants made any promise to pay, there is no extra element to prove. [read post]
Aggravating Factors in Felony Speeding to Elude Statute Are Elements for Purposes of Double Jeopardy
10 Apr 2014, 3:00 am
The defendant also was convicted of speeding under G.S. 20-141(j1), which prohibits (1) driving (2) a vehicle (3) on a highway (4) more than 15 miles per hour over the speed limit or over 80 miles per hour and reckless driving in violation of G.S. 20-140(b), which prohibits (1) driving (2) a vehicle (3) on a highway or public vehicular area (4) without due caution and circumspection and (5) at a speed or in a manner so as to endanger or be likely to endanger any person or… [read post]
24 Jul 2010, 2:51 pm
The statute does not list prohibited concentrations for prescription medications like Percocet, Vicadin, and Valium. [read post]
10 Feb 2017, 11:14 am
The court disagreed, stating that an unqualified expert does not become qualified because she adopted another’s opinion. [read post]
27 Feb 2013, 5:00 am
The federal district court granted Defendant’s motion for summary judgment, finding that Defendant had not breached its duties under Scindia Steam Navigation Co. v. [read post]
1 Aug 2016, 1:18 pm
Under the current version of the statute, does that mean that a defendant may wait until such an arraignment to ask for a bench trial? [read post]
1 Aug 2016, 1:18 pm
Under the current version of the statute, does that mean that a defendant may wait until such an arraignment to ask for a bench trial? [read post]
18 Nov 2011, 9:12 am
§ 3553(a)(2)(B)-(D). [read post]