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However, the statute only confers immunity if the landowner does not require payment for the use of their land. [read post]
6 Nov 2012, 12:51 pm by dev
Does this take Miranda too far or make it impossible for police to do their jobs? [read post]
29 Feb 2016, 4:37 am by Martin George
But the court may also come to the conclusion that the obligation to pay a ‘blank-cassette levy’ simply does not constitute a ‘matter relating to tort, delict or quasi-delict’, relegating the claimant to proceedings in the defendants’ home jurisdiction(s) pursuant to Art. 2(1) Brussels I (= Art. 4(1) Brussels I recast). [read post]
4 Aug 2020, 5:30 am by Kevin
Well, when it’s “grossly disproportional to the gravity of the defendant’s offense. [read post]
19 Jun 2009, 10:37 am
The district court ruled in favor of the defendant, and granted summary judgment. [read post]
8 May 2007, 6:03 am
However, such a position faces a substantial obstacle that does not exist in the abortion context: while the institution of capital punishment might be justified by the total number of crimes it deters, the application of capital punishment to any particular defendant must, if rights-violating, be justified by the number of crimes deterred by that execution. [read post]
26 Feb 2009, 10:29 am
  In support of its assertion, defendant claimed that the cost of conversion to OCR would likely exceed $200,000 and that “it does not itself seek to use the OCR process, and any extra expense would be incurred on it behalf solely for Plaintiff’s convenience. [read post]
10 Jul 2012, 5:06 am by Aaron Lindstrom
 Further, even if it had been deficient, it would not have resulted in prejudice (which in this context means a reasonable probability of a different trial result) because the defendant does not claim the jury ultimately chosen was tainted in any way. [read post]
5 Mar 2010, 11:48 am by Eugene Volokh
Mar. 2, 2010): This controversy stems from a July 2006 raid of Plaintiff’s residence by federal and local law enforcement authorities. [read post]
13 Mar 2022, 9:27 am by Dennis Crouch
OK Foods, 2:21-CV-02200, 2022 WL 738072 (W.D. [read post]
17 Jan 2024, 7:56 pm by Dennis Crouch
  It does not award any money damages and it does not apply to sales of Apple Watch outside of the US. [read post]
19 Feb 2007, 10:42 pm
§ 285 to the "prevailing party" in a patent dispute, voluntary dismissal by plaintiff does not make the defendant a prevailing party [read post]
8 Jul 2019, 7:21 am by MBettman
State, 14 Ohio App. 238 (3rd Dist. 1921) (defendant was not obligated to support his child as long as judicial order relieving him of support of child was in force.) [read post]
28 Mar 2013, 9:01 pm by Vikram David Amar
It would be sensible for such explicit deputization to  address, among other things:  (1) precisely who within the proponent organization(s) is entitled to make key litigation decisions and concessions; (2) how long the sponsor’s power to defend lasts; (3) the question of attorneys’ fee liability to be satisfied by public fisc if the defense fails; and (4)   what the relative authority of the initiative proponent and the Attorney General/Governor… [read post]