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12 Jun 2012, 2:07 pm
The first reason is that on the bill of particulars presented to the court the plaintiff does not prove that the defendants knew or should have known that their three dogs had vicious tendencies. [read post]
28 Feb 2019, 9:31 am
How does self-defense apply in an aggravated assault with a deadly weapon case? [read post]
2 Jun 2008, 3:49 pm
A person acting in a private capacity does not have the authority to perform traffic stops or make arrests for summary offenses. [read post]
18 Dec 2014, 1:08 pm
While the NPS civil trial does not begin for another six weeks, both the SDR and the defendant trustees want to resolve the question of who is a beneficiary of a preneed trust under Missouri law. [read post]
2 Sep 2011, 4:27 am
In addition, Symczyk does not contest Defendants’ assertion that the 68 offer of judgment fully satisfied her claims…. [read post]
Ninth Circuit clarifies differences between proof of protectable trademark and proof of infringement
31 Dec 2007, 1:11 pm
The mark owner does not have to additionally show that the defendant is using the mark on the same goods and/or services in order to show infringement. [read post]
2 Feb 2016, 11:35 am
The fact that the defendant seems to have arguments in his defense, however, does not mean that he is not in need of an attorney – the charges against him are particularly serious in light of the fact that his brother is disabled. [read post]
27 Jul 2012, 4:14 am
While the plaintiff is not suing the third party directly, this usually does not mean a separate trial will be held in which the defendant seeks compensation from the third party. [read post]
28 Sep 2017, 5:15 am
Defendant Solvera Group, Inc. and Doe Defendants, so called “reputation management” companies, conceived and organized the scam as an alternative way to remove negative posts in lieu of undergoing an adversarial proceeding. [read post]
28 Feb 2012, 4:11 am
Your personal injury attorney does not want to resolve your case only to have much of your compensation taken from you as reimbursement for past medical payments. [read post]
30 Apr 2015, 1:33 pm
It also places limits on the amount of discovery a patent-holder can extract from companies during early stages of a case, in order to shield defendants from fishing expeditions. [read post]
21 Sep 2016, 4:00 am
State of Tennessee, (MD TN, filed 9/19/2016) argues:Here, ICN was ironically denied the religious exemption from property taxes by Defendant specifically because of its adherence to its religious tenets.The suit claims violations of state and federal RFRAs, RLUIPA, the Elementary and Secondary Education Act, and the Establishment Clause. [read post]
5 Apr 2023, 8:24 pm
Nor does the allegation that the damage to its property resulted from "the vibrations caused by the construction work," made for the first time in an affidavit in opposition to defendants' motion, avail plaintiff, as no separate damage has been alleged (see Jones v State Farm Fire & Cas. [read post]
10 Aug 2010, 4:54 pm
The defendant threw a bag out of the window before pulling over. [read post]
6 Apr 2010, 11:27 am
In granting plaintiff's motion to declare the case exceptional warranting an award of attorneys' fees, the court rejected defendant's argument that its "shortcomings in its pre-filing investigation may be attributed to the fact that [plaintiff] filed this declaratory-judgment action and, therefore, [defendant] was forced to respond. . . . [read post]
18 Aug 2011, 10:05 am
The magistrate judge recommended denying in part defendant's motion to dismiss and rejected defendant's argument that "the court should dismiss all of the claims of the patents-in-suit because [plaintiff] admitted that the claims it asserted in [an earlier case] were 'representative.'. . . [read post]
15 Feb 2018, 6:21 am
” While plaintiff says his wife told the police that the victim kicked him before plaintiff hit her, that does not mean the police lacked probable cause. [read post]
29 Apr 2018, 6:14 am
Doctor number three gets appointed by the court, does an evaluation, and finds Mr. [read post]
10 Sep 2010, 3:57 am
If the defendant denies control over the area, evidence that the defendant arranged for subsequent repairs is admissible because it would tend to indicate that the defendant did, in fact, control the area. [read post]
22 Feb 2022, 10:49 am
First, how does the line of U.S. [read post]
