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6 Jul 2008, 8:35 pm
  Does the Kennedy opinion require re-indictments in all these cases, or might a prosecutor opt to continue with these cases under existing state capital law? [read post]
19 Dec 2019, 9:17 am by Jonathan Bailey
The court ultimately disagreed, saying that the clause Liberty Mutual was relying on does not apply in this case and that the allegations Elliot makes are covered under their policy. [read post]
10 Apr 2017, 1:02 pm by William K. Berenson
It does not state who will decide what a reasonable medical cost is, an issue hotly disputed these days. [read post]
19 Dec 2013, 6:09 am by Matthew L.M. Fletcher
§ 75-1.1, et seq.; and to obtain restitution and other relief. 2. [read post]
23 Dec 2010, 7:32 am by Nicholas A. Sarcone
Davolt claimed that the State had failed to prove that he intended to permanently deprive McCullough of the vehicle.Just for a quick review, in Iowa to be convicted of theft the State has to basically prove three things: (1) that the defendant took possession of the property, (2) that the defendant intended to permanently deprive the victim of the property, and (3) at the time of the taking the property belonged to the victim. [read post]
28 Dec 2009, 3:53 am by Andrew Lavoott Bluestone
In People v Radcliffe ;2009 NY Slip Op 52593(U) ; Decided on December 18, 2009 ; Supreme Court, Bronx County ; Price, J. , "On July 10, 2003, defendant was convicted after a non-jury trial of criminal possession of a weapon in the second degree (PL 256.03 [2]) and assault in the second degree (PL 120.05 [2]) by Supreme Court Justice Dominic Massaro. [read post]
9 May 2016, 4:00 am by Jeff Welty
” The officer issued a verbal warning for the headlight violation, spoke briefly with the defendant about whether the address listed on her license was current, then asked the defendant (1) whether she had ever been in trouble for anything, and (2) whether she had anything unlawful in her car. [read post]
9 May 2016, 4:00 am by Jeff Welty
” The officer issued a verbal warning for the headlight violation, spoke briefly with the defendant about whether the address listed on her license was current, then asked the defendant (1) whether she had ever been in trouble for anything, and (2) whether she had anything unlawful in her car. [read post]
27 Jun 2019, 11:02 am by Rebecca Tushnet
 Defendants argued that consumer motivations for the therapy were highly varied and individualized, but the common questions weren’t affected by those motivations: (1) whether Defendants misrepresented the PSRs; and (2) whether the misrepresentation was likely to deceive a reasonable consumer. [read post]
26 Jan 2007, 3:02 am
United States, 489 U.S. 705, 716 (1989); and 2) "the evidence would permit a jury rationally to find [the defendant] guilty of the lesser offense and acquit [her] of the greater," Keeble v. [read post]
5 Feb 2023, 9:01 pm by renholding
Petitioners (defendants below) are appealing a 2021 Ninth Circuit decision interpreting the “such security” language in Section 11[1] and Section 12(a)[2] to mean any share, registered or unregistered, and holding that plaintiff need not prove that he bought registered shares. [read post]
3 Nov 2020, 11:37 am by Chukwuma Okoli
Since a choice of court agreement is a term of the contract, does the principle of contract law apply to determine a choice of court agreement? [read post]
1 May 2022, 5:56 am by Kevin LaCroix
While it may or may not be true, as some have said, that “everything is securities fraud,” it certainly does seem to be the case that there is not an event or development that occurs that does not eventually draw a securities lawsuit. [read post]
19 Mar 2015, 8:05 am by Maureen Johnston
Marion County Election Board, the evidentiary record establishes that the law substantially burdens the voting rights of hundreds of thousands of the state’s voters, and that the law does not advance a legitimate state interest; and (2) whether a state’s voter ID law violates Section 2 of the Voting Rights Act where the law disproportionately burdens and abridges the voting rights of African-American and Latino voters compared to White voters. [read post]