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25 Feb 2011, 5:28 pm by constitutional lawblogger
The Obama DOJ's announcement that it will no longer defend the constitutionality of the Defense of Marriage Act has provoked a range of reactions. [read post]
31 Jul 2007, 10:32 am
Cir. 2007) On petition for rehearing, the CAFC panel clarified its holding that a defendant’s filing of a motion dismiss does not toll the deadline for filing an answer or counterclaim to an amended complaint unless the motion to dismiss is filed before the date that the original answer would have been due. [read post]
21 Mar 2007, 10:03 pm
Following up on Mar. 15 and before that Dec. 6: "Lawyers and a Muslim group say they will defend at no cost airline passengers caught up in a lawsuit between a group of imams and U.S. [read post]
21 Jun 2010, 5:26 am by Jeffrey J. Kroll
The clause typically states, "WHEREFORE, Plaintiff, JANE DOE, demands judgment against Defendant, COMPANY X, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00). [read post]
9 Oct 2019, 11:52 am by Robert Black
To understand why the state is not defending the full result in Apodaca, we need to understand the doctrine of incorporation. [read post]
6 May 2018, 11:34 am by Lee E. Berlik
One question that the statute does not answer, however, is this: When, exactly, does it kick in? [read post]
26 Oct 2010, 4:34 am
Villegas, 495 F.3d 761, 768 (7th Cir. 2007) (no legitimate expectation of privacy in the common hallway of a duplex in which defendant resided). [read post]
17 Apr 2023, 11:09 am by Andreas Kaltsounis
If the process does not include the attestation or if the attestation states that it does relate to protected health care services, the law does not require the recipient to comply with the process. [read post]
6 Jun 2013, 2:39 pm
Much like a tender offer situation, the decision to be made, withdraw as, or remain a shareholder does not implicate the duties or functions of the board of directors. [read post]
8 Nov 2012, 7:55 pm
When a criminal defense attorney advises a client to enter such a plea agreement, it is almost certainly done because the attorney does not feel that a trial is likely to result in a finding of not guilty by either a jury or judge. [read post]
30 Jul 2013, 1:45 am by Kevin LaCroix
” In other words, though independent directors are only infrequently held liable, that does not mean that they are not held accountable. [read post]
A disagreement between a trust advisor and beneficiary does not constitute a conflict of interest or grounds for removal. [read post]
3 May 2013, 7:25 pm
Jackson, the court decided that socially sharing small amounts of marijuana does not violate the marijuana distribution statute and that police observation of several individuals socially sharing marijuana does not provide the police with justification to conduct a warrantless search. [read post]
26 Aug 2019, 4:00 am by Ray Dowd
   Here, the defendant subscriber was not a regular occupant of an adult foster care home where the alleged infringement occurred. [read post]
31 Jan 2013, 4:09 pm by Jon Sands
Does it violate the Confrontation Clause? [read post]