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26 Oct 2021, 1:53 pm
In Illinois, a dog owner cannot defend by saying that he did not know his dog was a danger to others. [read post]
17 Jan 2012, 8:01 am
Given this failure, [the patent to be excluded from evidence] does not constitute prior art. [read post]
29 Nov 2011, 1:09 pm
The law does not speak in absolutes and recognizes that a litigant might not be aware of the necessity of making an objection at trial where the great weight of the case law suggests that an objection is not worth making. [read post]
29 Oct 2013, 10:45 am
Thomas Hart sued Traders seeking to recover on one of its automobile insurance policies that defendant had issued to the Thomas's brother, Cecil Hart. [read post]
29 Jan 2024, 4:20 am
For most of the long history of libel law, a jury determination that material was false and defamatory settled the question, and defendants facing that liability would take every possible step not to repeat the lie — both because it would be socially reprehensible to do so and because the risk of punitive damages was a powerful deterrent unlikely to be overcome by any stronger incentive. [read post]
1 Aug 2014, 4:50 pm
Defendant claims on reargument that his conduct does not warrant a charge of Attempted Murder because, according to the defendant's counsel, he "merely" pointed a gun at the officer and did not attempt to fire it. [read post]
1 Apr 2019, 7:16 am
Moreover, while it may have taken 18 months to decline, that certainly does not mean it was “investigating” the entire time. [read post]
25 Jan 2019, 6:18 am
Defendant had placed its brand name and logo on and adjacent to plaintiff’s photo within defendant’s advertising material. [read post]
7 Feb 2012, 9:21 pm
The act covers any child custody proceeding when a defendant, who is in the military, does not make an appearance. [read post]
13 Jan 2012, 4:40 am
Plaintiff asserted that the defendant was misapplying the entire market value rule and ignoring the evidence. [read post]
12 Sep 2013, 5:18 pm
[emphasis added]The statute does not state that the notice is only required if there is going to be an in-court identification. [read post]
8 Dec 2013, 10:58 am
Court of Appeals in Doe v. [read post]
14 Jan 2015, 7:00 am
When the discovery rule applies, the statute of limitations does not commence the run at the instant Rather, the statute is tolled, and does not begin to run until the injured party discovers, or reasonably should have discovered, that he or she has been injured and that his injury has been caused by another party’s acts or omissions. [read post]
21 Oct 2014, 1:55 pm
” The Sheriff typically does not report that the defendant has moved to another address, he just reports that the defendant could not be served. [read post]
11 Mar 2014, 1:24 pm
., with O'Scannlain and Graber) --- What does it mean for two countries to be "at peace"? [read post]
15 May 2011, 11:54 am
Held: The question of whether the act proscribed by ORS 163.467 was committed in a "place where another person has a reasonable expectation of privacy" is a question of statutory interpretation, and, thus, defendant's constitutional arguments were inapposite. [read post]
10 Jul 2012, 8:13 am
In that case “the defendants . . . owned a variety of commercial properties which they apparently bought and sold for investment purposes. [read post]
9 Mar 2011, 4:05 am
The factors that must be proven would include that the defendant was negligent, that the plaintiff was injured, and that the plaintiff’s injury was caused by the defendant’s negligence. [read post]
10 Jul 2012, 8:09 am
In that case “the defendants . . . owned a variety of commercial properties which they apparently bought and sold for investment purposes. [read post]
1 Jun 2014, 12:29 pm
Although the court acknowledges that there does exist varying misconceptions regarding battering relationships, the court does not believe any such potential lack of understanding in the particular case is sufficient grounds for admitting expert testimony which otherwise has only limited probative value but substantial prejudicial impact on the defendant. [read post]
