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9 Feb 2010, 10:47 am by PaulKostro
Rule 4:5-1(b)(2) does not require notice of an action to be given to other potentially liable parties. [read post]
19 Nov 2020, 9:19 am by Brittany Williams
(1) The trial court properly declined to instruct on the defense of justification because undisputed trial evidence showed that the defendant continued to possess the firearm well after any potential threat had ended, despite many options for relinquishing possession; (2) The trial court improperly imposed attorneys’ fees without providing notice and an opportunity to be heard. [read post]
9 Sep 2012, 2:17 pm by Michael C. Smith
"  Plaintiff and defendants Echostar and DISH Network complied with the order to meet and confer, and included Rovi in that process. [read post]
19 Feb 2014, 7:00 am by Jeffrey M. Hanna
Heightened level (Ratzlaf / Cheek standard): The defendant knew of the legal duty but voluntarily and intentionally violated it.2 The purpose of applying a heightened standard of willfulness is to avoid ensnaring individuals engaged in apparently innocent activity — although defendants often (and understandably) take a home-run swing and urge courts to apply the heightened standard. [read post]
25 Nov 2011, 5:40 am
The Evidence Presented Does Not Support The Verdict As To Plaintiff's Claim for Medical Professional Negligence Against Defendant Based on the Jury's Finding that Doctors White and Brown Were Negligent. [read post]
6 Jun 2012, 8:45 am by Lawrence Taylor
Problem #2:  How does the driver know what his blood-alcohol level is when he’s driving? [read post]
7 Aug 2008, 3:12 am
But his 2006 social experiment has left him defending himself against a federal lawsuit. [read post]
10 Jun 2011, 12:14 pm by Matt C. Bailey
The Court does not read Tobacco II to hold that a class may include members who have not been injured by a defendant's conduct. [read post]
8 Mar 2011, 3:27 pm by nace
  In addition, in most cases, defendants face unsympathetic judges and juries. [read post]
20 Mar 2023, 7:52 am by Rebecca Tushnet
[For affirmative misrepresentations this wouldn’t matter, but for omissions state of mind does matter.] (2) Did defendants suppress research into variability of response for financial reasons? [read post]
14 Nov 2016, 9:59 am
On September 2, 2012, Woods used a recorded jail telephone to contact defendant. [read post]
1 Nov 2017, 7:30 am by Scott Harman
Rumsfeld I, the Fourth Circuit held that a public defender and private citizen, who admitted “no relationship[s] whatever with the detainee,” did not qualify for next friend standing. [read post]