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8 Jan 2024, 4:05 am by Howard Friedman
The court said in part:It does not appear to be disputed that these defendants’ actions were motivated, at least in part, by their religious objections to the intentional termination of pregnancies. [read post]
9 Dec 2013, 8:04 am by Second Circuit Civil Rights Blog
An unaccepted offer that gives the plaintiff all to which she is entitled does not moot out the case. [read post]
21 Jun 2013, 11:49 am
The testimony that was offered during the hearing was quite different and the court does not find either testimony to be wholly credible. [read post]
31 Jan 2014, 1:45 pm
The Account Manager also testified that he does not know if the medications, taken by the defendant, in any combination, could cause a false positive test result. [read post]
18 Sep 2014, 7:08 pm
While joint and several liability does not apply in most post-April, 2006 personal injury cases, it remains a viable legal doctrine in cases where an independent contractor has breached a non-delegable duty. [read post]
13 Apr 2015, 7:24 am by Docket Navigator
"[Defendant's] description of the accused Airplay functionality as only a 'small feature' of certain of its iOS devices does not mean that the information [plaintiff] seeks is not relevant. [read post]
19 Jun 2015, 6:59 am by Docket Navigator
"[T]he length of the inter partes review alone does not establish prejudice. [read post]
5 Oct 2024, 6:23 am by Andrew Delaney
 On the weighing-of-probative-value point, SCOV declines to find plain error, reasoning that defendant does not demonstrate that the admission of the evidence was prejudicial and that it was but a small piece of four days of evidence. [read post]
7 Aug 2008, 1:28 pm
Defendant was clearly free to go when the officer started to ask more questions, so the stop was not unreasonably extended. [read post]
13 Nov 2008, 3:19 pm by Nissenbaum Law Group
In such instances, a litigant will often sue the unknown individual using a “John Doe” complaint, or a complaint which names the defendant under the fictitious name “John Doe. [read post]
17 Apr 2007, 7:20 am
" The Constitution does not define what abridgment is, nor, does it define the contours of "the freedom of speech. [read post]
28 Jan 2012, 3:49 pm by Stuart Buck
 The fact that teachers account for 10% of variance today (as large as that actually is) simply does not give us any sort of limit on how much student achievement could rise if the mean teacher effectiveness shifted sharply to the right.So the would-be defenders of teachers can breathe a sigh of relief: value-added modeling might still be a shaky idea for several other reasons, but there's no need to denigrate the potential of teachers. * * *A more detailed statistical… [read post]
3 Apr 2015, 1:26 pm
Law § 14-202, provides that a debt collector may not “[c]laim, attempt, or threaten to enforce a right with knowledge that the right does not exist. [read post]
20 Jun 2017, 9:46 am by The Public Employment Law Press
”This is so because, in the interests of justice, "a defendant does not stand convicted without resolution of the merits of an appeal and to the extent that the judgment of conviction orders incarceration or other sanctions that are designed to punish the defendant, that purpose can no longer be served. [read post]