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30 Aug 2010, 6:10 pm
Pineda-Moreno, 591 F.3d 1212 (9th Cir. 2010), like it just happened yesterday? [read post]
20 Jun 2017, 11:05 am
 Two, it potentially opens you up to an anti-SLAPP motion.And an anti-SLAPP motion is precisely what the defendants file.Plaintiff ultimately (and wisely) abandons the "credit" claim, but defendants press on with the anti-SLAPP motion, both below and on appeal. [read post]
14 Sep 2013, 11:28 am by Donald Thompson
 In such situations, the prosecutor may be relying on evidence that exists in the case, but characterizes it differently depending on what suits the prosecutor’s theory, even if the arguments made in both cases are  mutually inconsistent (see, e.g., Smith v Groose, 205 F3d 1045, 1050 [8th Cir 2000]; Thompson v Calderon, 120 F3d 1045 [9th Cir 1997], rev’d on other grounds 523 US 538; United States v Salerno, 937 F2d 797, 812 [2nd… [read post]
11 Dec 2023, 7:16 am by Eric Goldman
Having quoted the SDNY case, the Supreme Court could have adopted its standard, but wisely did not. [read post]