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11 Oct 2017, 12:00 am by Sydney Boyle
Icahn, 866 F.3d 70 (2d Cir. 2017), the United States Court of Appeals for the Second Circuit affirmed the lower court’s holding that shareholder John Olagues (“Plaintiff”) failed to state a claim upon which relief could be granted in actions against corporate insider Carl C. [read post]
10 Oct 2017, 9:01 pm by Sherry F. Colb
It therefore seems like a factual departure from the garden-variety automobile exception case.Finally, it is true that the officer entered onto the private property of the defendant—the curtilage, in the language of Fourth Amendment doctrine. [read post]
10 Oct 2017, 9:00 am by Chris Mirasola
China might defend its laws based on GATS Article XIV bis, which provides that the agreement should not be construed to prevent any member from taking action “it considers necessary for the protection of its essential security interests. [read post]
10 Oct 2017, 7:36 am by John Rubin
In district court criminal cases, G.S. 15A-1431 provides for appeals by criminal defendants to superior court. [read post]
10 Oct 2017, 4:00 am by Andrew Lavoott Bluestone
CPLR §306-b provides that “[i]f service is not made upon a defendant within the [120-day period] provided in this section, the court, upon ~o~ion, shall dismiss the action without prejudice … or upon good cause shown or in the interest of justice, extend the time for service. [read post]
9 Oct 2017, 6:58 am by Chris Castle
Scotto, 641 F.2d 47 (1980) for those reading along.) [read post]
Boston Scientific Corp., 740 F.3d 1160 (8th Cir. 2013) In Atwell, the Eighth Circuit recognized that state court plaintiffs with common claims against a common defendant may bring separate cases with fewer than 100 plaintiffs each to avoid federal jurisdiction under CAFA, unless the plaintiffs proposed to try their separate cases jointly. [read post]
6 Oct 2017, 11:39 pm by Wolfgang Demino
Jun. 25, 2013, pet. denied) (Because lender did not present its argument that the promissory note was a negotiable instrument in response to defendant's motion for summary judgment, the trial court properly granted summary judgment for the defendant). https://scholar.google.com/scholar_case? [read post]
6 Oct 2017, 8:52 am by Jon Katz
Yes, some defendants exist who ask a criminal lawyer to reduce their fee quote with the defendant’s expectation of not needing to go to trial. [read post]
6 Oct 2017, 8:52 am by Jon Katz
Yes, some defendants exist who ask a criminal lawyer to reduce their fee quote with the defendant’s expectation of not needing to go to trial. [read post]
5 Oct 2017, 1:35 pm by Christopher Wilkinson
  The DOJ’s civil division, on the other hand, is routinely a defendant in cases against the government. [read post]
5 Oct 2017, 1:21 pm by Andrew Bernasconi
Along with a detailed survey of FCA cases analyzing the materiality element, the court relied on the Supreme Court’s guidance in Escobar: [I]f the Government pays a particular claim in full despite its actual knowledge that certain requirements were violated, that is very strong evidence that those requirements are not material. [read post]