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1 May 2012, 5:12 am
III standing does not apply. [read post]
26 May 2015, 8:20 am
Cisco (Supreme Court 2015), the Supreme Court has held: A defendant’s “belief” that a patent is invalid does not serve as a defense to charges of inducing infringement of the patent. [read post]
18 Oct 2021, 3:44 am
Plaintiff enunciated a good legal malpractice claim, but failed to state a good damages claim for loss of sales value in real estate, In 83 Willow, LLC v Apollo 2020 NY Slip Op 05843 [187 AD3d 563] October 20, 2020 Appellate Division, First Department the court wrote: “For purposes of the motion, defendant does not dispute that his alleged failure to advise plaintiff of the consequences of a contingency clause in its contract to sell property was negligent,… [read post]
4 Aug 2008, 7:25 pm
Defendant Sutton: I'm told you have 60 days to start trial. [read post]
25 Feb 2009, 3:57 am
Whether you are alleged to have committed a Grand Larceny theft in excess of $50,000 or a Petit Larceny shoplifting, your NY White Collar criminal defense attorney knows that if the prosecution does not establish each element of the crime, the case should be dismissed. [read post]
9 Jul 2009, 10:35 am
SECOND CAUSE OF ACTION Breach of Implied Covenant of Good Faith and Fair Dealing (Plaintiffs against Defendants XYZ and DOES 1-20) 29. [read post]
21 May 2012, 3:02 pm
” But that does not make it originalist. [read post]
14 Mar 2022, 6:49 am
The defendants asked the Eleventh Circuit to hear an appeal from the remand order. [read post]
28 May 2010, 5:37 am
I do not reveal the names of sources in posts if the source does not want me to. [read post]
23 Nov 2010, 4:33 pm
Includes posting material involving the sexual exploitation of a minor on a website for public viewing but does not include the mere solicitation of such material by a defendant. [read post]
17 Aug 2015, 3:53 pm
The factual allegations which defendants had to defend did not change. [read post]
14 Nov 2010, 7:08 am
The forced warrantless entry into defendant’s camper was not justified by exigent circumstances. [read post]
25 Jan 2017, 6:46 pm
The idea behind bail is to prevent a defendant from running away after he or she has been arrested. [read post]
4 Aug 2009, 4:33 am
While the decision does not discuss the shortcomings in any sort of detail, it does give a good blackletter recitation of the standard for a motion to dismiss. [read post]
28 Mar 2019, 8:59 am
If an object is in plain view, a defendant does not have standing to argue that the motion should be suppressed because the defendant does not have a privacy interest in something that is readily visible by the public. [read post]
13 Apr 2012, 10:59 am
If a police officer sees a person in possession of what appears to be a handgun and does not have evidence that the person is a convicted felon and does not know if the person has a concealed firearms permit, does that police officer have probable cause to search the person? [read post]
22 Jan 2018, 6:03 am
His acquittal at trial on the firearm possession count does not negate the application of a federal sentencing enhancement based on identical evidence because the government need only prove the applicability of the enhancement by a preponderance of the evidence rather than beyond a reasonable doubt. [read post]
12 May 2022, 6:51 pm
Abortion does not fulfil that test. [read post]
16 May 2012, 12:39 am
But most demands won’t go to trial and obtaining an opinion does not guarantee protection from enhanced damages. [read post]
25 Sep 2008, 12:15 pm
It does not appear that Judges have been looking into this question in connection with default judgment applications. [read post]
