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23 Aug 2020, 11:27 am
Id. at *2. [read post]
23 Aug 2020, 10:46 am
This is certainly the expectation of the defendant and of Mr McDermott in his submissions. [read post]
23 Aug 2020, 4:00 am
The jury, typically between about 12 and 23 people, can investigate a matter or vote on whether there is enough evidence to formally charge a defendant. [read post]
22 Aug 2020, 8:21 am
So where does this leave the dispute? [read post]
22 Aug 2020, 5:02 am
While the majority asserts that its analysis does not turn on whether a mass shooter's attack is on a politically controversial business, I fear that the consequence of the court's approach is that certain businesses and activities will face entirely different risks of liability than others will. [read post]
21 Aug 2020, 4:45 pm
” The presumption does not apply if the employee worked from home. [read post]
21 Aug 2020, 1:11 pm
” A reasonable jury could find that Tiffany failed to present sufficiently persuasive evidence to meet its burden. (2) Good faith: The question is whether the defendant attempted “to exploit the good will and reputation of a senior user by adopting the mark with the intent to sow confusion between the two companies’ products. [read post]
21 Aug 2020, 12:45 pm
AB5 does exempt certain industries, companies and workers, but not rideshare services. [read post]
21 Aug 2020, 12:43 pm
” So, does this lawsuit assert “a sufficiently substantial state interest, distinct from the interests underlying federal copyright law, to evade preemption”? [read post]
21 Aug 2020, 3:00 am
Joe Biden does not appear to have the same concerns. [read post]
20 Aug 2020, 4:46 pm
The MVRA does not override SSN or make an exception. [read post]
20 Aug 2020, 1:27 pm
" Although the term "xenophobic" does have a fairly clear meaning in the context of the Tweet, it is not capable of being proven true or false. [read post]
20 Aug 2020, 1:03 pm
United States 20-82Issues: (1) Whether Rule 24(a)(2) of the Federal Rules of Civil Procedure allows intervention as of right where the movant does not have a significant, cognizable interest in the lawsuit; and (2) whether the United States adequately represents its title, which is the only interest at issue in a quiet title suit. [read post]
20 Aug 2020, 11:41 am
All the plaintiff has to do is prove that their rights were infringed by the defendant. [read post]
20 Aug 2020, 9:28 am
[Grewal] does not cabin his request by commanding the plaintiffs to stop publishing materials to New Jersey residents; he instead demands that the plaintiffs cease publication of their materials generally. [read post]
20 Aug 2020, 5:00 am
The court explained that a plain reading of the relevant statutes does not require the State to prove unlawful possession of a controlled substance as an element of the offense. [read post]
19 Aug 2020, 2:52 pm
The claimant does not seek damages. [read post]
19 Aug 2020, 11:55 am
There are two groups of Defendants: (1) the protestors; and (2) the City and several of its employees (collectively "Defendants")…. [read post]
19 Aug 2020, 11:26 am
The Court of Appeals also held that the lack of felonious intent negated the defendant’s ability to be convicted of the offense of felonious breaking or entering, and remanded the matter in order for the trial court to enter judgment against defendant for misdemeanor breaking or entering, which does not require felonious intent. [read post]
19 Aug 2020, 11:01 am
¶2 Hagel and Joshua J. [read post]
