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23 Aug 2013, 3:44 pm
However, a third requirement has been imposed for the application of the doctrine in criminal cases, namely, that "the parties are the same or are so clearly related that they may be deemed as one for these purposes". [read post]
30 Mar 2023, 2:44 am
But there you are – that’s probably just me being a grumpy old man.Molavi v Gilbert & Ors [2023] EWHC 646 (Ch) (23 March 2023) is an unusual case, in that it came before the court on an application by the defendants (which included the BBC and BBC Studios Production Ltd as well as Virginia Gilbert, the named writer of the accused episodes of Silent Witness) for summary judgment, on the grounds that the claimant had no real prospect of succeeding in her claim –… [read post]
22 Mar 2014, 10:52 pm
One problem, the defendant responded: she didn't have a daughter and didn't know anybody by the name listed in the affidavit of service. [read post]
17 Mar 2017, 5:26 am
What could Defendant argue in defense? [read post]
22 Nov 2019, 6:20 am
In addition, the amended complaint alleged “that Kwok and the other named defendants intended to increase viewership on the Media Defendants’ platforms to encourage viewers to donate to the Rule of Law Defendants that compete with Plaintiffs’ own nonprofit organizations. [read post]
2 Jun 2014, 5:33 am
Namely, the school year is ending. [read post]
30 May 2023, 3:00 am
Although most of the affiants averring to the nature of the harm were not named plaintiffs, defendants do not dispute that plaintiffs are likely to obtain class certification, which is supported by allegations in the complaint, and they do not dispute that the affiants would be members of the class (see id. at 57). [read post]
30 May 2023, 3:00 am
Although most of the affiants averring to the nature of the harm were not named plaintiffs, defendants do not dispute that plaintiffs are likely to obtain class certification, which is supported by allegations in the complaint, and they do not dispute that the affiants would be members of the class (see id. at 57). [read post]
20 Jul 2012, 10:11 am
Defendant Maerk contended that defendants wood supplier and/or premises owner were negligent in leaving the parking lot gate open, in that he had told the property owner to keep the gate closed. [read post]
15 Jul 2008, 8:55 pm
It's bad enough to be defending a legal malpractice claim. [read post]
9 Jun 2011, 12:41 pm
There are three quick steps to angering a federal judge: first, launch the country's largest file-sharing lawsuit against 23,322 anonymous defendants, even though most of them don't live where you filed the suit. [read post]
15 Mar 2016, 8:55 am
Bach involved the defendants’ use of the title, character, name, text, and photographs from the book Jonathan Livingston Seagull. [read post]
12 Aug 2013, 2:39 pm
The custom of allowing individuals to prosecute in the name of the state has its origins in the English Common Law. [read post]
25 Mar 2014, 7:00 am
Rather, the plaintiffs conclusorily alleged that “all named Defendants in this complaint knew” that wires and mails would be used “to further the scheme” and that the defendants used the mails and wires for their billing. [read post]
24 Jul 2015, 2:12 am
In order for the court to convict a driver of the crime of leaving the scene of an accident, the prosecution must prove 5 elements beyond a reasonable doubt: that the defendant was the operator of the vehicle at the time of the accident, that he operated the vehicle on a public road or any place which the public has a right of access, that the defendant’s operation of the car caused the collision, that the defendant knew he had caused damage to another person or… [read post]
18 Jul 2010, 8:18 am
In deciding whether defendant used reasonable care, you may consider, among other factors, the following: (a) The location of the property; (b) The likelihood that someone would come on to the property in the same manner as plaintiff did; c) The likelihood of harm; (d) The probable seriousness of such harm; (e) Whether defendant knew or should have known of the condition that created the risk of harm; (f) The difficulty of protecting against the risk of such harm; [and] (g) The… [read post]
11 Apr 2014, 5:25 am
Given that chilling prospect, you should be worried about what protective steps you can take to defend yourself. [read post]
24 May 2017, 4:00 am
The Petitioner's name was placed on an eligible list of candidates by the New York City Department of Citywide Administrative Services. [read post]
15 Jun 2017, 4:00 am
The Petitioner's name was placed on an eligible list of candidates by the New York City Department of Citywide Administrative Services. [read post]
15 Mar 2012, 5:28 pm
The defendant appealed the denial of her double jeopardy claim and lost in the circuit, but the court criticized the prosecutor by name in its first (January 2012) opinion. [read post]
