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13 Feb 2012, 12:47 pm
Though an attorney’s violation of the Rules of Professional Conduct does not give rise to a private cause of action against an attorney, the plaintiffs’ claims were directed instead against the non-attorney defendants, resting on an alleged illegality of the lease’s fees provision and misrepresentation of the nature of the fees sought. [read post]
6 Apr 2012, 11:53 am
An appellate court's answer to a question reserved by the State has no effect on the criminal defendant in the underlying case. [read post]
4 Nov 2010, 1:52 pm
Nevertheless, a court granted the order for an examination after prosecutors argued that Andrei Bondarenko has an “excessive awareness of his own and others’ rights and [an] uncontrollable readiness to defend these rights in unrealistic ways. [read post]
17 Oct 2011, 1:16 am
But it does not restore for the latter. [read post]
22 Sep 2017, 4:45 am
Question: How does insurance filter into this? [read post]
9 Jan 2014, 2:42 pm
The court notes that defendant does not dispute that he committed a traffic infraction in the officer's presence by having the unauthorized sticker on his vehicle's window. [read post]
11 Mar 2022, 6:28 am
During the February 28, 2022 oral argument on the defendant’s motion to dismiss in Alvarez, the plaintiff’s attorney tried to distinguish Salcedo by arguing that the TCPA does not address text messages whatsoever, whereas the FTSA does. [read post]
4 Dec 2017, 11:00 am
It was an open question whether the right to anonymity continued after a Doe defendant was found liable for a civil claim. [read post]
6 Apr 2019, 2:13 pm
While Ohio’s implied consent warning doesn’t contain the language at the center of Elliot, Ohio does permit evidence of a person’s refusal to be used against them at trial. [read post]
3 Sep 2021, 8:55 am
HOW DOES PLEA BARGAINING/NEGOTIATION WORK? [read post]
15 Mar 2019, 9:40 am
If the jury finds that it does, then the trial will proceed to phase two in which the plaintiff will present the evidence of corporate misconduct. [read post]
3 Sep 2021, 8:55 am
HOW DOES PLEA BARGAINING/NEGOTIATION WORK? [read post]
3 Sep 2021, 8:51 am
HOW DOES PLEA BARGAINING/NEGOTIATION WORK? [read post]
13 Jan 2023, 9:35 am
If you already settled your injury claim with the defendant’s insurer, you will have to pay for that surgery out-of-pocket. [read post]
24 Sep 2016, 5:36 am
September 22, 2016), the Court denied Defendant’s motion for judgment on the pleadings which argued that U.S. [read post]
5 Feb 2024, 6:19 am
Doe, No. 22-07326 (N.D. [read post]
1 Jul 2011, 11:05 am
Sentencing Commission announced yesterday that the most important of the recent changes to the crack sentencing guidelines will be made retroactive, assuming Congress does nothing to block retroactivity before November 1. [read post]
19 Apr 2017, 9:17 am
Writing for a 6-2 majority, Justice Clarence Thomas held that when a criminal defendant files a notice of appeal from the original judgment of conviction and does not separately file a notice of appeal from a deferred restitution award, he may not challenge the restitution order on appeal if the government timely objects. [read post]
23 Aug 2012, 4:48 am
According to the Court, "The High Court teaches that a stop arising from a violation does not ordinarily justify a frisk, but does permit a limited pat down for a concealed weapon because there a defendant acted in an uncooperative and suspicious way. [read post]
27 Sep 2017, 10:12 am
One final aside: Whether a ruling in this matter would be limited to federal cases does not appear to be addressed by either party. [read post]