Search for: "Fictitious Defendants A, B, C"
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27 Apr 2018, 3:38 pm
Cal. 2009) (involving defendant charged with violating sections §§1030(a)(2)(C) and 1030(c)(2)(B)(ii) for creating a fictitious profile on a social networking website and then using the account to cyberbully a teenager in violation of the website’s terms of service; court overturned the conviction and rejected the interpretation of “unauthorized access” under the CFAA for the terms of service violation in this case as void… [read post]
9 Oct 2022, 5:22 am
There is no balancing in the sense of a passage that would say procompetitive benefits X and Y outweigh the anticompetitive effects A, B, and C. [read post]
1 Sep 2017, 3:22 pm
A plaintiff’s use of a fictitious name runs afoul of the public’s common law right of access to judicial proceedings and the requirement of Fed.R.Civ.P. 10(a) that the complaint include the names of all the parties…. [read post]
3 Oct 2019, 3:51 pm
Code of Civil Procedure Section 474 authorizes Doe pleading practice “[w]hen the plaintiff is ignorant of the name of a defendant,” which phrase has been “broadly interpreted to mean not only ignorant of the defendant’s identity but also ignorant of the facts giving rise to a cause of action against that defendant” and “the relevant inquiry when the plaintiff seeks to substitute a real defendant for one sued… [read post]
21 Nov 2007, 12:25 pm
It provides as follows:Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section… [read post]
26 Feb 2017, 6:37 pm
In doing so, they applied the following test, [180] To impose liability on the defendant for the tort of passing off the plaintiff must satisfy me that: a) it enjoys goodwill attached to the educational services it provides; b) its services have acquired a distinctiveness in the marketplace; c) the defendant has caused confusion by intentionally or otherwise misrepresenting its services as those of the plaintiff; and d) the plaintiff is likely to suffer damage as… [read post]
8 Aug 2019, 6:31 am
The nonparty Andrell B. [read post]
11 Mar 2022, 6:38 pm
Insofar as health care fraud claims, the AUSA must introduce authenticated and admissible evidence establishing beyond a reasonable doubt that the provider-defendant: knowingly made a claim or statement to get the government to pay money on a health care insurance claim for goods or services; and that the claim or statement was false, fictitious, or fraudulent. [read post]
1 May 2012, 2:16 pm
As James B. [read post]
1 May 2012, 2:16 pm
As James B. [read post]
14 Jan 2021, 2:32 pm
Let us take Ripple as a case study for a fictitious D&O policy. [read post]
5 Jan 2022, 5:01 am
As my article notes, courts do make exceptions to the litigate-in-your-own-name rule, and there are plausible arguments that pseudonymous litigation should be more commonly allowed; but this is still a good articulation of the dominant view: Pilots X, Y, Z, A, B, C, D, E, F, G, H, I, J, K, L, & M sued Boeing about its 737 MAX airplanes. [read post]
11 Jun 2015, 9:26 am
I know a lot about the so called “structuring” violation and the 18 USC 1001 violations, since I’ve defended these cases many times in Federal Court. [read post]
16 Jun 2022, 8:36 am
§ 20511(2)(b) A person, including an election official, who in any election for Federal office – knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair impartially conducted election process, by the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance… [read post]
28 Dec 2020, 10:19 am
§1512): The government alleged that in response to a Grand Jury investigation, the Custodian of Records for one of the entities investigated produced patient records that contained various false and fictitious records that the defendants’ co-conspirators manufactured and created at the direction of two of the defendants. [read post]
4 Aug 2008, 7:06 pm
Abiodun, No. 06-5335 Defendants' sentences for fraud and various fraud-related offenses are affirmed in part, vacated in part, and remanded where: 1) the district court incorrectly calculated the number of victims affected by defendants' conduct; but 2) an individual who is reimbursed for his economic loss can qualify as a victim under the number-of-victims enhancement set forth in U.S.S.G. section 2B1.1(b)(2). [read post]
31 May 2010, 6:10 pm
The court, sua sponte, rightfully gave greater weight to preserving the defendant’s right to a full and complete defense. [read post]
26 Feb 2007, 12:37 am
Criminal Sanction Impact. 02/20/07 referred to codes
LAW / CRIM-PROCA5587
Seminerio -- Requires the district attorney to notify all victims of case disposition SUMM : Amd S440.50, CP L Requires the district attorney to inform a victim by letter of the final disposition of a case against a defendant, in order to give such victim the opportunity to exercise his right to give a victim impact statement. 02/20/07 referred to codes
LAW / CRIM-PROCA5588
Morelle (MS) --… [read post]
29 Oct 2021, 11:21 pm
YRC Inc. (2019), the plaintiff alleged defendant YRC Inc. violated Section 226 because the company listed its fictitious business name (“YRC Freight”) on the wage statement. [read post]
29 Oct 2021, 11:21 pm
YRC Inc. (2019), the plaintiff alleged defendant YRC Inc. violated Section 226 because the company listed its fictitious business name (“YRC Freight”) on the wage statement. [read post]
