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30 Aug 2010, 6:59 am
There are two essential elements for applying res ipsa loquitur in a particular situation: 1. the harmful event must be one that normally does not occur in the absence of negligence or careless action on the part of the defendant; and 2. the instrument that caused the injury must have been within the control of the defendant. [read post]
31 Jan 2012, 1:23 pm
Recently, the First District Court of Appeals heard a case overcharging a defendant. [read post]
31 Oct 2017, 7:02 am
How does this play out? [read post]
7 Jul 2008, 6:20 pm
Illinois has denied without prejudice, a defendant's request for Rule 15 depositions. [read post]
11 Jun 2014, 9:54 am
The court found while a corporation can be held responsible for the actions of its executives, corporate scienter cannot be “based only upon the scienter of a non-defendant who did not make or certify the statements at issue. [read post]
26 Jun 2012, 2:00 am
It does not. [read post]
28 May 2009, 3:11 am
The 4th amendment does not protect early delivery of mail. [read post]
1 Apr 2022, 12:15 am
Defenders of California's female quota law (SB 826) and AB 979 argue that corporations with diverse boards enjoy better performance. [read post]
5 May 2009, 11:20 am
Trust me, this DOES happen more often than you may think. [read post]
7 Mar 2008, 9:11 am
Defendant: George Gaspar, DOES Case Number: 2:2008cv01425 XACTA 3000, Inc. v. [read post]
28 Aug 2019, 1:10 pm
” It isn’t a felony when, under a mandatory sentencing scheme, the defendant is exposed to a sentence that does not exceed one year. [read post]
15 Nov 2023, 5:57 am
” As the Second Circuit observed in 2002, the text of the rule does not include a purpose-specific approval requirement or say anything about the board’s motivations. [read post]
31 Oct 2023, 11:06 am
Querry: Does/did the defendant ever hire anyone who was good? [read post]
26 Apr 2017, 12:30 pm
The constitutional protections are the same for all regardless of their crimes.We do agree, of course, that “[t]he Sixth Amendment guarantee of the right to counsel does not apply on a sliding scale based on the gravity of the defendant’s offense. [read post]
13 Jun 2016, 7:56 am
If so, does the judge declare a mistrial and order a new trial? [read post]
1 Dec 2021, 6:49 am
But the Court does allow plaintiffs an opportunity to amend the complaint to correct this pleading deficiency. [read post]
11 Oct 2016, 12:08 pm
The FDA sent a warning letter and defendants discontinued sales. [read post]
1 Mar 2013, 2:28 pm
Particularly if the defendant’s conduct does not involve reckless disregard for health or safety, or bad faith. [read post]
1 Feb 2021, 6:15 am
But, said the court, accepting the above choice of law does not end the inquiry. [read post]
20 Feb 2013, 5:38 pm
While this may seem to fly in the face of the United States Supreme Court Concepcion decision, the Washington Supreme Court does not seem to think so. [read post]
