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30 Dec 2007, 8:03 am
At page 50, we learn that the majority employed "shallow reasoning and shoddy logic. [read post]
28 Dec 2007, 5:17 am
Getting this right matters because, when defendants erroneously urge 2.0 in the general causation context, they risk embarrassment, see id. [read post]
18 Dec 2007, 7:18 am
The dispute was between two 50/50 shareholders of a Delaware corporation which owned a yacht that was based in the country of Turkey. [read post]
16 Dec 2007, 2:58 pm
Ohio December 13, 2007) (the court uses "well-taken" so many times referring to the "government's position" or "not well-taken" as to the defendants' that it ended up as a "core term" on Lexis): Having reviewed this matter, the Court does not find Defendants' position well-taken. [read post]
12 Dec 2007, 10:00 pm
The department argued that it was not an opposing party, but "a neutral public agency required by law to issue and defend its public works coverage decision. [read post]
12 Dec 2007, 6:53 pm
(pdf)authorizing federal judges to consider the great disparity in penalties for crack and powder cocaine offenses in deciding whether to sentence crack defendants below the federal sentencing guidelines ("...it would not be an abuse of discretion for a district court to conclude when sentencing a particular defendant that the crack/powder disparity yields a sentence “greater than necessary” to achieve §3553(a)’s purposes") and… [read post]
12 Dec 2007, 12:22 am
Do you remember a couple days ago we saw in the Scruggs deposition in the Luckey case -- a deposition defended by admitted attempted briber Tim Balducci -- that Scruggs agreed to pay Blake the emperor-size sum of $50 million? [read post]
11 Dec 2007, 7:00 pm
Note there are no increases for the federal public defenders or Criminal Justice Act lawyers who defend those charged. [read post]
10 Dec 2007, 11:15 am
Type in Ohio Public Defender on a search engine to find the site. [read post]
9 Dec 2007, 5:30 am
Issue(s): "Does the mandatory minimum sentence of 10 years, prescribed by 21 USC § 841(b)(1)(A)(viii), apply to a conviction for conspiracy with intent to distribute, and attempted possession to distribute, 50 grams or more of methamphetamine, even when no actual contraband was involved in the commission of the offense? [read post]
5 Dec 2007, 11:16 pm
"Despite 50-plus pages of exhaustively researched briefing covering 30 years of federal and California class action jurisprudence, defendant cannot cite a single case in which a defendant obtained class certification after first obtaining summary judgment against the named plaintiff's individual claim. [read post]
5 Dec 2007, 8:55 am
Outcome: Prosecutors receive the complete contents of defendant's text messages. [read post]
5 Dec 2007, 6:00 am
And as a general substantive rule, a precertification decision on the merits against a named plaintiff does not bind absent class members. [read post]
3 Dec 2007, 10:20 am
Whether the imposition of consecutive sentences violates Indiana Code section 35-50-1-2(c). [read post]
3 Dec 2007, 3:00 am
At a seminar I conducted last Friday, the topic of enforcing standards came up - as it always does. [read post]
27 Nov 2007, 12:00 pm
The court finds that this document does not accurately represent the entire conversations that took place between the defendant and Margritz. [read post]
27 Nov 2007, 6:58 am
"This method, which everybody thought would be much less cruel and a more humane way to kill people, maybe isn't so humane," said Frank Peasley, a Riverside lawyer who has defended eight capital cases but does not oppose the death penalty. [read post]