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19 Nov 2020, 9:19 am
(1) The trial court properly declined to instruct on the defense of justification because undisputed trial evidence showed that the defendant continued to possess the firearm well after any potential threat had ended, despite many options for relinquishing possession; (2) The trial court improperly imposed attorneys’ fees without providing notice and an opportunity to be heard. [read post]
18 Nov 2020, 11:00 pm
., No. 2:19-CV-00383-WSH (W.D. [read post]
18 Nov 2020, 6:41 am
Further, if the case settles prior to such an adjudication, the exclusion does not apply, and the insurer cannot escape its obligation to indemnify the insured(s) for settlement. [read post]
17 Nov 2020, 9:16 pm
Article 8 Brussels I stipulates that in case of a number of defendants, a person may be sued in the courts for (1) the place where any one of them is domiciled, (2) provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. [read post]
17 Nov 2020, 12:18 pm
To defend that a slogan has the required minimum distinctiveness, it may be worth going all the way to the OGH, who often has a more liberal approach to the distinctiveness test. [read post]
17 Nov 2020, 6:41 am
Commentary 2 to Rule 3.2-2 reads as follows: The lawyer’s duty to the client who seeks legal advice is to give the client a competent opinion based on a sufficient knowledge of the relevant facts, an adequate consideration of the applicable law, and the lawyer’s own experience and expertise. [read post]
16 Nov 2020, 6:16 am
In their complaint, plaintiffs set forth causes of action against LMB and LMB attorneys for breach of fiduciary duty (first), fraud (third) and legal malpractice (sixth), against Bear and the John Doe defendants for aiding and abetting breach of fiduciary duty (second), aiding and abetting fraud (fourth), constructive fraud (fifth) and tortious interference with a contract (seventh) Plaintiffs’ eighth and final cause of action is interposed against all defendants for… [read post]
16 Nov 2020, 5:01 am
Circuit on Nov. 2, the plaintiffs urged a three-judge panel to allow their challenge to move forward. [read post]
16 Nov 2020, 4:00 am
The will read: 2 – All the rest, remainder, and residue of my property, real or personal, . . . [read post]
15 Nov 2020, 3:04 pm
Moreover, an invitee cannot maintain a negligence suit merely from a showing that an injury was sustained in the defendant’s building. [read post]
15 Nov 2020, 1:18 pm
The one thing this sequence of events does show is that there is a substantial component of political risk involved in doing business in, and investing i [read post]
15 Nov 2020, 1:14 pm
This freedom does not abrogate faculty members’ responsibility to perform their academic duties or obligations they may have assumed in accepting support for research. [read post]
15 Nov 2020, 1:12 pm
This set up an odd dynamic on appeal where Compass, the defendant, argued that Bryant’s allegations did constitute an injury-in-fact sufficient to confer subject matter jurisdiction on the federal court. [read post]
15 Nov 2020, 4:30 am
It then referred to the provisions of Article (7/2) of the law, which states that the court may reject the application requesting the execution of a judgment issued by a court of any country whose law does not allow the recognition of judgments issued by the courts of the Hashemite Kingdom of Jordan. [read post]
14 Nov 2020, 6:57 pm
Defending such charges is not easy, and it needs an experienced Denver leaving the scene attorney. [read post]
14 Nov 2020, 6:45 pm
The above-mentioned hypothetical does not take into account the downward departures or the 3553 factors that can impact a defendant’s sentence. [read post]
14 Nov 2020, 10:11 am
Lahav’s repetition of the claim does not make it true.[5] Plaintiffs and their proxies, including scientific advocates, can and do conduct studies, very much with a view toward supporting litigation claims. [read post]
14 Nov 2020, 10:11 am
Lahav’s repetition of the claim does not make it true.[5] Plaintiffs and their proxies, including scientific advocates, can and do conduct studies, very much with a view toward supporting litigation claims. [read post]
13 Nov 2020, 3:30 pm
Analogizing as a legal matter between this history of religiously motivated racial discrimination and today’s religiously motivated sexual orientation discrimination does not amount to a charge of bigotry. [read post]
13 Nov 2020, 12:24 pm
" It's a shame the transcript does not note (laughter) line for virtual proceedings. [read post]