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In those latter instances, it is totally feasible for a defendant to answer the complaint before the plaintiff completes service of the second complaint. [read post]
27 Nov 2018, 1:29 pm by Steven Cohen
  The court opines that the defendant does not offer any support for these statements and does not supply any legal authority to support their opinions. [read post]
6 Apr 2018, 10:52 am by Steven Cohen
The defendant also alleges that Professor Chavis’s testimony is unreliable because she does not provide an analysis of whether or not the defendant use excessive force nor did she explain how her experience had led her to those conclusions. [read post]
2 Mar 2007, 5:02 am
(With an Alford plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty.)Under the law of judicial estopppel, the party against whom judicial estoppel is to be applied must have intentionally misled the court to gain unfair advantage. [read post]
14 Oct 2018, 9:01 pm by Dean Falvy
Does the accused have the same rights as a criminal defendant? [read post]
31 Jan 2014, 8:49 am by Robert Manchel
The defendant must attend the court hearing to contest the lawsuit. [read post]
9 Jan 2015, 8:52 am
It always helps when the victim does not obstruct the plea bargaining process and does not ask for jail or other unjustified harsh punishment at the time of sentencing. [read post]
5 Nov 2017, 4:18 am by SHG
Jane Doe wasn’t a criminal defendant, and Garza wasn’t her criminal defense lawyer. [read post]
29 Jul 2019, 8:51 am by Steven Cohen
  The court opines however that he does not tie the articles he mentions to the defendant’s actions and fails to explain how the articles serve to establish that the defendant provided negligent care to the decedent. [read post]
30 Apr 2012, 6:51 pm
Finally, as the campground required all dogs to be leashed, the fact that defendants kept the dog tethered does not indicate any knowledge of the alleged vicious propensities. [read post]
20 Apr 2016, 4:01 am by SHG
  In a press release, it was announced that Andrew Miltenberg, who has been at the forefront of litigating on behalf of students accused of rape and sexual assault, has named the DoE OCR as a defendant. [read post]
23 May 2011, 1:21 pm
The lower court refused to do so, and one of the defendants, "Doe 3," appealed. [read post]
20 Jan 2010, 9:39 am
  In order to recover under the CFAA, a plaintiff must show that a defendant caused a violation of one of CFAA’s provisions which caused damage to the plaintiff. [read post]
25 Mar 2015, 2:24 pm by The Law Offices of John Day, P.C.
Defendant filed a motion to dismiss plaintiff’s IIED claim, which the trial court granted and the appellate court affirmed. [read post]