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27 Feb 2012, 8:02 pm
" Neverthless, the District Court noted that the provision of the False Claims Act which permitted the govenment to dismiss a suit, 31 U.S.C. 3730(c)(2)(A), was "somewhat at odds" with the section that "envisions an active role for the Court in approving settlement," 31 U.S.C. 3730(c)(2)(B). [read post]
25 Mar 2018, 8:10 pm
It does not, Judge Lawrence said, preclude coverage for the costs incurred in defending the COF suits. [read post]
1 Nov 2013, 8:43 am
What does it cost the prosecutor to pile this on a defendant? [read post]
8 Feb 2008, 2:00 am
While some of this conduct may cross the line between fair competition and subjective bad faith, Contech is still entitled to summary judgment on the tort counterclaims for two reasons: (1) [Defendants] have failed to provide evidence that Contech’s underlying suit was objectively baseless, and (2) [Defendants] failed to provide sufficient evidence of causation and damages, at least until well after the close of discovery. [read post]
1 Apr 2015, 6:11 am
The Supreme Court expressly held that § 1344(2) does not require either intent to defraud a bank or a risk of loss to a bank. [read post]
21 Sep 2022, 10:32 am
"); Doe #1 v. [read post]
15 Jul 2008, 5:59 pm
The South Dakota Supreme Court divided 3-2 over whether sexual activity in a public park that was only observed by undercover police officers can be prosecuted as indecent exposure. [read post]
18 Mar 2015, 10:32 am
See G.S. 15A-974(a)(2); Shadding, 17 N.C. [read post]
27 May 2014, 3:27 am
It does not turn on the nature of the defendant. [read post]
11 Apr 2011, 1:57 am
This case,Dealey-Doe-Eyes Maddux v Schur ;2011 NY Slip Op 02763 ;Decided on April 7, 2011 ;Appellate Division, Third Department falls into that category. [read post]
28 May 2013, 1:23 pm
He does not explain how or why. [read post]
12 Nov 2021, 6:30 am
Lots of talk about the defendant taking the stand and the tongue lashing that the state is getting throughout the trial. [read post]
28 Sep 2016, 1:31 pm
The major difference between manslaughter and murder is that manslaughter does not require intent. [read post]
16 Mar 2013, 12:27 pm
This woman-defending-woman column ends with a recipe metaphor. [read post]
5 Jun 2014, 10:06 am
According to one judge on the FISC, a substantially higher number have been modified as a result of informal communications between the government and the FISC staff.[2] The nature of those modifications, however, remains confidential, as does the entire process for considering such requests. [read post]
15 May 2017, 5:17 pm
Accordingly, the court found that delay alone does not amount to bad faith. [read post]
13 Feb 2013, 7:17 am
The Judge can: (1) agree that you need protection and immediately grant the Temporary Injunction Order, (2) rule that your Petition does NOT meet the Florida requirements for an Injunction but will allow a hearing to determine a final ruling or (3) will rule that your Petiton does not meet the Injunction requirements and will NOT grant you a hearing. [read post]
1 Oct 2014, 3:46 am
Advertising that merely depicts a product or touts a feature, however, does not qualify.Here, there was no evidence of "look-for" advertising. [read post]
3 Feb 2013, 12:05 pm
Let's say the defendant offers a settlement that seems fair. [read post]
19 Mar 2014, 1:24 pm
States have no authority over what an FDA-regulated manufacturer submits (or does not submit) to the FDA.Moreover, the theory of liability in Cassel, “that defendants had a duty to employ an alternative design . [read post]
