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23 Sep 2008, 3:28 pm
The district court admitted the statement as a present-sense impression under Fed.R.Evid. 801(1).On appeal, the Third Circuit, in United States v. [read post]
6 Jul 2012, 3:12 pm
Here, the court held last week (Fisher v. [read post]
12 Sep 2016, 1:21 pm
See Goldfarb v. [read post]
2 Jun 2011, 12:46 pm
The main count, of course, will be the learned intermediary rule itself, but we’ll also add, because we have the data available, whether the state has: (1) applied the learned intermediary rule in medical device cases, and (2) applied the rule to protect pharmacists from direct-to-consumer warning claims.Here goes:There are, by our count, thirty-four states and the District of Columbia, in which the learned intermediary rule has been adopted either by… [read post]
7 Apr 2023, 5:01 am
Some criticism was less serious than others: former Representative Justin Amash objected to the number of counts (34), even though prosecutors routinely include numerous counts in major white-collar cases. [read post]
22 Feb 2011, 3:57 am
In State v. [read post]
19 May 2014, 8:43 pm
Category: Interferences By: Jesus Hernandez, Blog Editor/Contributor TitleTobinick v. [read post]
8 Jan 2010, 7:03 am
Today, coverage continues of yesterday's oral arguments in Al-Maqaleh v. [read post]
24 Jul 2008, 6:04 pm
" Atkins v. [read post]
15 Aug 2006, 9:20 pm
Oddly enough, Johnson v. [read post]
2 Jun 2014, 8:30 am
If it does not “ ‘give a person of ordinary intelligence fair notice’ ” of its scope, United States v. [read post]
18 Jun 2014, 12:06 am
See United States v. [read post]
17 Sep 2015, 4:50 am
The Appellate Division of the New Jersey Superior Court issued a ruling several months ago in State v. [read post]
19 May 2016, 8:52 am
On June 21, the Fourth Circuit will hear North Carolina State Conference of the NAACP v. [read post]
8 Jun 2016, 12:36 pm
[Warning: Brutally ugly opinion and long blog post ahead] The evisceration of Section 230 continues. [read post]
29 Dec 2016, 4:13 am
Briefly: At Lawfare, Steve Vladeck discusses Hernandez v. [read post]
19 Aug 2020, 10:08 am
VIDAL, Appellant, v. [read post]
9 Mar 2009, 10:01 am
In Pellon, et. al. v. [read post]
15 May 2020, 10:47 am
State 798 So.2d 829 (Fla. 4th DCA 2001) versus Wiggins v. [read post]
14 Aug 2015, 6:07 am
In 1996, Rath pled guilty in Arkansas state court to two counts of first-degree sexual abuse and was sentenced to sixty months' probation. [read post]