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6 Jul 2015, 9:05 am
Regular blog readers know that qualified immunity does not create automatic protection for government defendants. [read post]
12 Mar 2019, 9:10 am
This is limited and does not include claims of alleged assault or battery. [read post]
19 Aug 2022, 11:59 am
Where Does the Right to a Speedy Trial Come From? [read post]
21 Oct 2014, 7:56 am
Observing that the applicability of the Eleventh Amendment “depends as much on the identity of the plaintiff as it does on the identity of the defendant,” and that suits by the United States against a state are not barred by the constitution, a federal district court in Pennsylvania found that an ADEA lawsuit commenced by the EEOC — an instrumentality of the federal government — on behalf of a 70-year old staffing agency employeeagainst the state court where… [read post]
21 Jan 2016, 11:58 pm
He represented a 27 year-old female plaintiff involved in a side-swipe impact by the defendant vehicle on a double left-hand turn. [read post]
21 Jan 2016, 11:58 pm
He represented a 27 year-old female plaintiff involved in a side-swipe impact by the defendant vehicle on a double left-hand turn. [read post]
23 Jun 2007, 5:03 am
" I know that the general populace does not read search and seizure cases to see how the law has developed in this regard, or on the reasonable expectation of privacy in general, but the defendant had to know that somebody might see what was on his computer in the shop, particularly when "My Pictures" comes right up when the computer is turned on. [read post]
15 Nov 2017, 3:30 am
The Court agrees with the Eckert Court that, as a general rule, attorneys retained to defend an employer-defendant against an employee-plaintiff do not become the plaintiff’s employer merely by their representation….The Court looks at the totality of the circumstances, and here the circumstances do not support Carter’s claim that Foulston is his employer. [read post]
29 Mar 2021, 7:36 am
In either case, a person may seek PCR because: – The conviction involved a “substantial denial” of the defendant’s constitutional or legal rights; – The court lacked jurisdiction to impose a judgment of conviction; – The sentence exceeds or otherwise does not match what the law allows; or – The conviction is unlawful for other reasons based on the law. [read post]
23 Sep 2013, 5:39 pm
Maybe, but then again, that does not mean the argument is not accurate. [read post]
12 Jul 2017, 5:01 am
, and “I’ll Pay You (Back) When I Get My Tax Refund”.The reader directed my attention to an episode of Judge Faith, and this most recent show to come to my attention does not disappoint. [read post]
19 Nov 2013, 8:47 am
Only service by the prevailing does so, and defendant never served the order on the People. [read post]
11 Dec 2013, 1:54 pm
At the very least, the decision today puts defense counsel in a very challenging position where the court orders a mental evaluation which the defense does not request. [read post]
11 Aug 2014, 11:32 pm
Does the action have to be non-discretionary? [read post]
31 Aug 2010, 5:36 am
Significantly, [plaintiff] does not allege any injury to itself or any other entity resulting from Defendants' conduct. [read post]
8 Jan 2022, 12:48 pm
A plaintiff does not have to prove that there was an express contract between it and the defendant to prove a promissory estoppel case. [read post]
11 Dec 2008, 2:48 am
Doe v. [read post]
20 Feb 2012, 5:35 pm
Alternatively, eight parties opted to defend their alleged infringing activities in court. [read post]
20 Apr 2017, 7:12 am
Following inter partes review of the patent-in-suit, the court denied plaintiff's motion to preclude defendant from contesting validity under 35 U.S.C. [read post]
26 Jul 2021, 10:27 am
Clark is bringing a motion for default judgment against more than two dozen “Doe” defendants in Federal Court case #T-513-18. [read post]
