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Defendant's Failure to Preserve Results in Sanctions, Including Order for Defense Counsel to Search All of Defendant's Electronic Media and Hard Copy Files for Responsive Information

11 Apr 2011, 10:57 am by K&L Gates

” The court went on to note that “‘[f]ault’ does not speak to the non-complying party’s disposition, but describes only the reasonableness of the conduct—or lack thereof—that eventually resulted in the violation. [read post]

Electronic Discovery Law - http://www.ediscoverylaw.com/

[Eugene Volokh] District Court Strikes Down Race Preference in USDA's and SBA's Contracting Schemes

19 Jul 2023, 2:30 pm by Eugene Volokh

Napolitano, 648 F.3d 365, 379 (6th Cir. 2011) ("The Fifth Amendment, of course, does not itself contain a guarantee of equal protection, but instead incorporates, as against the federal government, the Equal Protection Clause of the Fourteenth Amendment. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Absent Federal Interest, Witness Intimidation Charges Cannot Stand/ Use of 42 U.S.C. §2241 to Attack Federal Convictions/ Remedies For Defendants Who Prove That Caselaw Their Actions Are No Longer Unlawful

9 Oct 2013, 4:54 pm by Stuart Wilder

Shavers, 693 F.3d 363 (3d Cir. 2012), vacated on other grounds (i.e., sentencing grounds announced in Alleyne v. [read post]

Third Circuit Blog - http://circuit3.blogspot.com/

Judge Holds RIAA Evidence Insufficient in Rochester, NY, default judgment case, Atlantic v. Dangler; No ID; No details...No Judgment

27 Oct 2007, 10:47 am

Bank, 515 F.2d 1200, 1206 (5th Cir.1975)). [read post]

Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/

Free speech limitations on public employees

3 Apr 2011, 5:24 am

., 204 F.3d 659 A public employee may claim that he or she was disciplined as a result of his or her exercising his or her constitutionally protected right of free speech. [read post]

New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/

Ninth Circuit Holds Lenient Sentence Does Not Rise to Abuse of Discretion

1 Aug 2008, 11:46 pm

Coldicutt, 258 F.3d 939, 914 (9th Cir. 2001). [read post]

Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/

McDonald's still lovin' it

29 Jun 2007, 12:40 pm

Foto Fantasy, Inc., 240 F. [read post]

43(B)log - http://tushnet.blogspot.com/

Increasing Patent Damage Awards with Pre-Judgment Interest

23 Jun 2022, 6:18 am by James T. Corcoran

” 95 F.3d 1109, 1117 (Fed. [read post]