Search for: "DOE DEFENDANT"
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30 Dec 2009, 7:20 am
[W]hile it is conceivable that Defendants could have acted from the base motive of wanting to appease the complaining children's parent, no fact alleged in the complaint makes it plausible to think that Defendants did so. [read post]
13 Dec 2006, 4:55 am
The letter said that after the first two convictions, prosecutors obtained evidence incriminating the third defendant from an interview with the network TV show 60 Minutes. [read post]
15 Apr 2007, 9:24 am
"A case starts to unravel: District Attorney Mike Nifong brusquely rejects defense lawyers' overtures and an offer to share information; The emerging evidence does not support his certainty. [read post]
2 Nov 2011, 3:46 pm
Prevailing defendant may recover fees if the contract authorizes fees to the prevailing party regardless of whether that party is the plaintiff or the defendant. [read post]
23 Apr 2010, 6:28 am
Does he have a real habeas claim? [read post]
17 Apr 2014, 9:59 pm
Although Rockstar Bidco reorganized itself to become Rockstar, it does not appear that any ownership interests changed, nor do Defendants assert otherwise.Even if Apple is a majority shareholder of Rockstar, if Defendants were able to demonstrate that Apple is a mere passive shareholder and takes no part in patent assertion strategy, then the relationship between Apple and Defendants might not be sufficient to uphold specific jurisdiction. [...] [read post]
16 Jan 2014, 7:48 am
The touchstone is whether a defendant is unable to obey both state and federal law, and a defendant who has a state-law duty to give a warning that the FDA would reject is damned if it does and damned if it doesn’t. [read post]
27 May 2009, 6:21 am
Moreover, as will be shown, infringement of the distribution right requires the actual distribution of copies, and merely making copies available without more does not violate the distribution right. [read post]
24 Feb 2017, 9:27 am
Defendants facing such DTSA claims should carefully analyze the alleged facts and consider raising this as a defense. [read post]
24 Feb 2017, 9:27 am
Defendants facing such DTSA claims should carefully analyze the alleged facts and consider raising this as a defense. [read post]
21 Sep 2017, 2:32 pm
Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. [read post]
1 Feb 2012, 6:18 pm
THE PAROLE EVIDENCE RULE DOES NOT APPLY TO THE FACTS OF THE CASE The defendant’s claim that the plaintiff is barred by the ‘parole evidence rule’ is without merit. [read post]
16 Dec 2009, 1:12 pm
" Similarly, the arrest process does not implicate the "investigation" of crime: When use of force is part of the investigatory process, that amounts to torture which is clearly illegal. [read post]
3 Nov 2013, 2:22 pm
In addition, the Defendant's rap sheet indicates that he has a prior misdemeanor conviction (5 points), which he does not contest. [read post]
25 May 2015, 5:02 am
Foote knocked on Defendants' door, and after no one answered, Foote entered the unit without attempting to call Defendants. [read post]
21 May 2018, 6:12 am
An HCLA plaintiff who does not comply with the pre-suit notice requirements in the statute is not entitled to the 120-day extension of the statute of limitations. [read post]
4 Dec 2010, 10:00 am
This is something I've started thinking about in connection with this case and that of the Fort Hood shooter, but it would be generalizable to other crimes that share the same characteristic of having a defense that does not challenge the fact that the defendant is the person who committed the act in question; rather the defense relates to the culpability of the defendant. [read post]
17 Aug 2015, 11:39 am
17 Oct 2018, 9:00 am
"In contrast, the Court of Claims Act does not require a defendant "to ferret out or assemble information that §11(b) obligates the claimant to allege. [read post]
25 May 2023, 5:58 pm
In criminal law, an Alford plea is a type of guilty plea in which the defendant does not admit to committing the crime but agrees that the prosecution has enough evidence to obtain a conviction. [read post]
