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17 Jun 2023, 4:08 pm by Eleonora Rosati
Overall, the InfoSoc Directive does not differentiate between the taking of a work as a whole or in part for the sake of applying Article 2, so the concept of reproduction ‘in part’ should not be intended in a quantitative sense. [read post]
5 Nov 2014, 1:10 am by Andrew Trask
  Specifically, courts began accepting two arguments from defendants: (1) certification had the potential to coerce settlements in meritless cases, and (2) class actions were designed to serve judicial efficiency. [read post]
9 Feb 2011, 12:36 pm by Eugene Volokh
” In re Kay (1970) held that, to be convicted under the statute, the prosecution must show “that the defendant [1] substantially impaired the conduct of the meeting by intentionally committing acts [2] in violation of implicit customs or usages or of explicit rules for governance of the meeting, of which he knew, or as a reasonable man should have known,” and [3] “the defendant’s activity itself — and not the content of the… [read post]
20 Mar 2012, 9:58 am by Kevin Sheerin
  So ordered that the defendant serve an answer to the amended complaint and that the parties meet for a preliminary conference. [read post]
18 Jul 2012, 2:21 pm by Matt Brown
Noble, one department of Arizona’s Court of Appeals fashioned a three-step ex post facto analysis in which it considered (1) whether the law is retroactive as applied to the defendant, (2) whether application of the law makes punishment for a crime more burdensome, and (3) whether the law imposes a criminal penalty. [read post]
28 Oct 2012, 2:19 pm by Lawrence Taylor
Though the most common of all offenses, DUI is one of the most complex to understand and defend properly. 2. [read post]
3 Jun 2016, 10:36 am by Foran & Foran, P.A.
The plaintiff must establish that (1) the accident was of a kind that does not ordinarily occur absent negligence, (2) the accident was caused by an instrumentality exclusively in the defendant’s control, and (3) the accident was not caused by an act or omission of the plaintiff. [read post]
23 Mar 2018, 9:30 am by Steven Cohen
  The defendants filed a motion to exclude this testimony. [read post]
20 May 2020, 3:53 pm by Michael Barber
However, Schofield asserted that no matter if the defendants had a credible appeal, it does not entitle them to prevent the case from moving forward pending that appeal. [read post]
16 Jul 2012, 3:48 pm by Jeff Klein
Additionally, despite alleging in her complaint and summary judgment arguments that defendant manufacturers had a duty under Florida law to provide Spanish language warnings, the plaintiff “did not challenge the district court’s conclusion that Florida law does not automatically impose a duty to provide bilingual warnings on consumer products. [read post]