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14 Nov 2006, 12:11 pm
And even if it's all true the remedy is to sue us, not dismiss this case. [read post]
11 Aug 2013, 10:02 pm
Tolley is involved in all of them. [read post]
21 Jan 2010, 7:35 am
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury/car accident case and its proceedings.) [read post]
13 Aug 2015, 8:18 am
We should all hope to deal with people true to their word. [read post]
13 Jan 2017, 6:56 am
City of Atwater, the appellate court found that all three elements of governmental design immunity were met by the defendant, the city that had designed and constructed the intersection where the accident giving rise to the case had occurred. [read post]
18 Jan 2011, 8:34 am
But such claims often encounter a serious obstacle: the doctrine of “in pari delicto,” which means that recovery is barred where the plaintiff is just as much at fault as the defendant. [read post]
21 Sep 2016, 5:37 am
A criminal defendant does not have an absolute right to be present at all points in a trial. [read post]
19 Mar 2015, 8:08 am
In general, in a personal injury lawsuit alleging negligence, a plaintiff must demonstrate that the defendant owed him or her a duty, then breached that duty, causing damage or injury. [read post]
24 Jun 2011, 1:50 pm
Following a three-day jury trial, Sellers was convicted on all counts. [read post]
7 Feb 2014, 10:50 am
As the removal jurisdiction nerds among us know all too well, the forum defendant rule set forth in 28 U.S.C. [read post]
3 Feb 2013, 10:10 am
All of this circumstantial evidence could be used to bolster or attack the DWI case in terms of "operation." [read post]
11 Nov 2014, 11:01 am
Basically, if Defendant Ex describes all the elements of the charge, the complaint will issue. [read post]
12 Jul 2013, 3:05 pm
The same is true if the defendant does not meet all the conditions that had been set…or new conditions the probation officer wants to be set. [read post]
19 May 2011, 4:30 am
” I think what he was getting at (as all law professors force you to guess what they are getting at, rather than actually coming out and saying what they are getting at) is that it is much easier to win and defend on appeal a clear procedural decision. [read post]
19 Jul 2020, 11:48 am
Birth injury cases, like all other civil lawsuits, must be filed within the statute of limitations. [read post]
22 Mar 2005, 2:19 am
Feb. 22, 2005), the First Circuit, after rejecting all of the Blakely/Booker claims actually raised by defendant on direct appeal, stated as follows: There is another type of Booker argument available but which Antonakopoulos has not made: that there is a reasonable probability that the district court, freed of mandatory guidelines, would have given him a lower sentence. [read post]
8 Jun 2020, 4:34 pm
Not all expert reports are sufficient, however, as an expert must not only be qualified, but his or her report must also be based on reliable scientific methods. [read post]
17 Sep 2021, 10:55 pm
Out the window goes any concern about impressing anyone in the courtroom, because all that matters is winning, and winning as big as possible, within the bounds of the governing law. [read post]
7 Jun 2017, 4:00 am
He has tried to make gay people scapegoats for practically all of humanity's ills.... [read post]
13 May 2015, 1:22 pm
What do you do when (1) a retained criminal defense attorney takes $50,000 from the defendant to represent him, (2) (allegedly) doesn't prepare at all for the upcoming trial, but instead simply tries to persuade the defendant to plea, and then (3) on the eve of trial, both the defendant and counsel express displeasure with the resulting situation, with the attorney moving to withdraw (because the defendant won't take a plea) and the… [read post]
