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7 Mar 2024, 6:43 am
The trial court did not instruct defense counsel to introduce the evidence. [read post]
21 Mar 2012, 2:11 pm
Even for strong constitutional claims, forfeiture often follows a state prisoner’s failure to successfully navigate unthinkably complex state post-conviction law either (1) without representation or (2) with a bad lawyer that the state underpays. [read post]
5 Dec 2019, 2:10 pm
This post summarizes opinions issued by the North Carolina Court of Appeals on December 3, 2019. [read post]
29 Jun 2018, 11:53 am
In early 2003, Willett returned to Texas to become the chief legal counsel for then-Texas Attorney General Greg Abbott. [read post]
15 Apr 2022, 12:30 pm
Now represented by IJ, she is asking the Second Circuit to apply the normal rules of civil procedure—where defaults are disfavored and parties without counsel are granted extra leeway in cases involving complex procedural rules—to civil forfeiture cases and to remand the case back to district court to hear the case on its merits. [read post]
29 Jun 2007, 12:37 am
Saying that Kathleen M. von Hofe was guilty of, at most, "turning a blind eye" to her husband's activities, the 2nd Circuit remanded the case to the district court for a determination of how much the forfeiture should be reduced or whether it should be eliminated entirely. [read post]
20 Nov 2017, 7:43 am
" The Appellate Division held that a default is not willful when it arises from financial disability or from "a sincere, though mistaken, belief that payments were not required, especially when that belief was based upon advice from counsel" (Parnes v Parnes, 41 AD3d 934, 937 [2007]; see Desautels v Desautels, 80 AD3d 926, 930 [2011]; see also Allen v Allen, 83 AD2d 708, 709 [1981]). [read post]
20 Nov 2017, 7:43 am
" The Appellate Division held that a default is not willful when it arises from financial disability or from "a sincere, though mistaken, belief that payments were not required, especially when that belief was based upon advice from counsel" (Parnes v Parnes, 41 AD3d 934, 937 [2007]; see Desautels v Desautels, 80 AD3d 926, 930 [2011]; see also Allen v Allen, 83 AD2d 708, 709 [1981]). [read post]
5 Aug 2024, 10:17 am
In the end, I suggest a panel rehearing in the case because I believe that the Federal Circuit unfairly found forfeiture of key arguments whose resolution would help clarify the law. [read post]
29 Jun 2018, 11:00 am
The Fort McDowell Yavapai Nation is seeking a Senior Assistant General Counsel to serve under the general oversight of the General Counsel and acts in the General Counsel’s absence with the authority of the General Counsel in fulfilling the duties and responsibilities of the Office of General Counsel; to provide legal advice to the Fort McDowell Yavapai Nation Tribal Council, tribal departments and economic enterprises; and to represent the… [read post]
20 Sep 2022, 7:56 am
In this civil forfeiture case from the District of South Carolina, the district court erred in granting summary judgment to the government. [read post]
15 May 2012, 8:55 am
The resolution – the second largest payment by a drug company – includes a criminal fine and forfeiture totaling $700 million and civil settlements with the federal government and the states totaling $800 million. [read post]
26 May 2022, 12:09 pm
Others have pointed to civil forfeiture as a possible route to seizure. [read post]
23 Feb 2012, 6:42 pm
The court is aware of the fact that the will was drafted by a legal counsel who is an experienced counsel in properties practice, who could be expected to anticipate and make provision for such contingencies. [read post]
27 Nov 2011, 3:39 am
Of course, they're entitled to representation too, and their right to counsel (and counsel of choice) directly relates to their ability to retain a lawyer. [read post]
10 Apr 2023, 4:37 am
Conditioning the benefits under a severance agreement on the forfeiture of statutory rights plainly has a reasonable tendency to interfere with, restrain, or coerce the exercise of those rights. unless it is narrowly tailored to respect the range of those rights. [read post]
24 Apr 2012, 2:24 pm
The court is aware of the fact that the will was drafted by a legal counsel who is an experienced counsel in properties practice, who could be expected to anticipate and make provision for such contingencies. [read post]
12 Jul 2007, 1:05 am
Visit Small Firm Business
General Counsel Keep Close Watch on Associate Pay Hikes
Fulton County Daily Report
In the wake of hefty associate pay hikes, chief legal officers are watching their bills from outside counsel ever more closely and devising strategies to minimize costs. [read post]
23 Aug 2023, 3:00 am
Plaintiff’s counsel, F. [read post]
18 Aug 2023, 1:29 pm
The school initiates Title IX proceedings and imposes a series of sanctions, including a no-contact order, weekly counseling sessions, and an order to read a book. [read post]
