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11 Dec 2015, 5:16 am
" This trademark infringement complaint does not indicate that Plaintiff's business name has been registered by the U.S. [read post]
6 Jun 2013, 12:05 pm
While defendants further argue that the questions asked of [the inventor] are standard and asked of any named inventor of a patent asserted in litigation, this does not absolve [counsel] of its ongoing duty of loyalty to its former client. [read post]
14 Dec 2018, 1:39 pm
How does this work? [read post]
25 Oct 2013, 6:00 am
Super. 1987), reasoned that, generally speaking, unless a Release states otherwise, a Release of one tortfeasor does not serve to discharge other tortfeasors. [read post]
1 Mar 2013, 7:45 am
” Accordingly, the appellate waiver applied in McGee.In other words, no matter how clear it is that the defendant does not qualify for an ACCA sentence, no matter how obvious it is that the defendant should be facing a statutory maximum of 10 years, the Sixth Circuit will be powerless to correct this type of an error if there is an appellate waiver to all sentences within the statutory maximum.Of course, there is a simple solution. [read post]
30 Sep 2013, 10:48 am
The defendant contends that the court improperly concluded that the record does not substantiate the commission's decision to grant the special permit. [read post]
17 Aug 2017, 8:40 am
In addition, if a person’s permanent disability does not affect their livelihood, their lost earnings award will be diminished.If a defendant has few assets, the plaintiff will likely only receive the limits of the defendant’s auto insurance policy—in a settlement or verdict. [read post]
2 Mar 2018, 5:00 am
Pa.Judge Mannion otherwise noted that entering the law does not allow for punitive damages under a claim of a breach of contract. [read post]
11 Nov 2015, 5:31 am
As such, this Court does not have jurisdiction to entertain the invalidity claim.Judge Rakoff also ruled that even if the Court had jurisdiction, the Court would decline in its discretion to exercise it given the lack of any immediate controversy. [read post]
8 Dec 2017, 9:46 am
The states appear to be Indiana, Iowa, Massachusetts, Nebraska, Oklahoma, and Washington.It does not even matter if the defendant was the only participant, because a jury could have found on separate theories. [read post]
16 Mar 2015, 5:31 pm
The defendant appealed. [read post]
30 Oct 2013, 3:25 pm
In this case, the 9th indicates that it does, and under a plain error standard. [read post]
17 Jun 2014, 8:00 am
The Court of Appeal affirmed, holding as follows: Exhaustion of administrative remedies does not affect the fundamental subject matter jurisdiction of the trial court. [read post]
25 Jul 2018, 7:29 am
[T]he bulk of the defendant’s employees, product development, and overall operations are located in San Francisco, and that it does not own or lease any buildings in this district, it has no Nevada phone numbers or addresses listed for its operations, and it stores no inventory or data in Nevada. [read post]
11 Mar 2014, 1:21 pm
Smith, with Fletcher & Watford) --- If the government grants immunity to one of its own witnesses, when does it also have to grant immunity to a defense witness in order to preserve the defendant's right to a fair trial? [read post]
23 May 2013, 12:03 pm
The court denied defendant's motion for sanctions under 28 U.S.C. [read post]
21 Mar 2014, 7:22 am
A rational belief that a component or product will eventually end up in a particular state -- even if that belief amounts to a substantial certainty -- does not, by itself, amount to purposeful conduct nor 'manifest an intention to submit to the power of a sovereign.' . . . [read post]
3 Sep 2009, 4:01 am
How much does one take on as attorney, and how does that scope of work affect legal malpractice litigation? [read post]
6 Jun 2020, 4:59 pm
The plaintiffs also assert that the Packing Defendants and John Doe Defendants manipulated the price of live cattle futures and options, causing them injury. [read post]
23 Jun 2010, 3:47 pm
The Sixth Amendment to the United States Constitution assures the defendant the right to confront and cross-examine adverse witnesses. [read post]
