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31 Jul 2020, 2:09 pm
Some states allow robbery defendants to use a voluntary intoxication defense, but in general, Illinois does not. [read post]
14 Jul 2016, 6:04 am by Second Circuit Civil Rights Blog
Does the defendant then get to prove that the allegations in the federal lawsuit were actually true? [read post]
14 Jan 2016, 12:15 pm
But the public defender does not collect a fee if her client is successful. [read post]
17 Jul 2019, 1:28 pm by Florian Mueller
I have re-read the related citations in the district court's findings of fact and conclusions of law, and nowhere does Judge Koh say or suggest that Qualcomm's obligation to extend FRAND licenses to rival chipset makers is like a photographic image of the fact pattern in Aspen. [read post]
20 Mar 2024, 10:01 pm by Evan Brown
Further, the court stated that it is well established that economic injury alone does not support a finding of irreparable harm, because such injury can be remedied by a damage award. [read post]
31 Aug 2011, 9:00 pm by Steven G. Pearl
Superior Court (2000) 79 Cal.App.4th 1420, in which the Court held that a successful defendant cannot recover its attorney fees and costs in a minimum wage action under Labor Code section 1194. [read post]
4 Apr 2018, 9:07 am by Steven Cohen
Hendricks does not qualify to testify about the damages the plaintiff has suffered. [read post]
11 Oct 2012, 4:26 pm
In California, if a defendant in a lawsuit does not file a timely responsive pleading to that lawsuit after they have been served (e.g., answer or demurrer), a default can be entered by filing what is called an Application to Enter Default. [read post]
18 May 2017, 7:43 am by Docket Navigator
[A]lthough [plaintiff] may have disclosed its proposed conception date in time for [defendant] to conduct discovery, that does not cure any prejudice resulting from [plaintiff's] failure to follow the local rules that 'require patent holders to ‘crystallize their theories of the case early in the litigation’ . . . . [read post]
13 Jun 2018, 7:14 am by Docket Navigator
The court denied defendants' motion to compel additional discovery regarding plaintiff's litigation funding because defendants failed to establish relevance or proportionality. [read post]
7 Feb 2020, 12:01 pm by Jon Katz
Discovery rules tell prosecutors what information (and when) they must provide defendants -- through their lawyers -- prior to trial. [read post]
25 Sep 2015, 7:03 am by Docket Navigator
The fact that some requirements of a claim can be rewritten in the language of mathematics does not inherently mean that the claim is directed to an abstract idea because '[a]t some level, "all inventions … embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas. [read post]
3 Nov 2015, 6:55 am by Docket Navigator
While this makes general sense as part of an ex-post valuation, it does not adequately isolate the value of the patented feature itself. [read post]
25 Jun 2015, 1:26 pm by Michel-Adrien
At present public nuisance requires negligence on the part of the defendant, while outraging public decency does not require any mental fault at all.The report recommends that both offences should be replaced by statutory offences. [read post]
15 Feb 2013, 10:59 am by Docket Navigator
Therefore, the fact that a plaintiff is characterized as a 'litigation vehicle' does not detract from the weight accorded a plaintiff's choice of forum." [read post]
17 Jun 2014, 8:21 am by Docket Navigator
[Defendant] does not suggest that if [the licensee] itself had shipped the products to this country prior to resale, there still would have been a viable infringement claim against [the licensee] or any of its customers. . . . [read post]
20 Feb 2013, 4:50 am
"Plaintiff does not identify any connection to Wisconsin that would make litigating in this state more convenient for it. [read post]