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16 Oct 2019, 9:11 am
While a mistrial normally does not support a double jeopardy claim, a mistrial must be supported by a manifest necessity when the defendant objects. [read post]
3 Aug 2010, 4:53 pm
Basically, any juror who does not return within two hours can be replaced.It's not quite that simple. [read post]
4 Sep 2013, 7:32 am
However, the Van Hollen/Connolly proposal here pointedly does not state, as the SFRC’s proposal did, that the President has freestanding constitutional authority to use force, in order to defend the United States “national security interests. [read post]
26 Sep 2013, 5:29 am
” Currently the proportionality concept is buried in Rule 26(b)(2)(C)(iii), where it looks more like an affirmative defense. [read post]
26 Sep 2019, 10:27 am
See id. at *2-3. [read post]
18 Apr 2020, 11:01 am
March 2, 2020). [read post]
12 Nov 2017, 12:25 pm
Does that practice amount to deceptive conduct actionable under the FDCPA? [read post]
12 Nov 2017, 12:25 pm
Does that practice amount to deceptive conduct actionable under the FDCPA? [read post]
29 Apr 2011, 8:34 am
SEC. 2. [read post]
25 Jun 2021, 8:35 pm
2) Assuming Mckesson could otherwise be held liable for a breach of duty owed to Officer Doe, whether Louisiana's Professional Rescuer's Doctrine bars recovery under the facts alleged in the complaint? [read post]
7 May 2020, 11:00 am
If not, the defendant's use falls outside of the Lanham act and does not constitute trademark infringement. [read post]
15 Oct 2011, 8:02 am
§ 230(c)(2)(A).) eBay does not urge this ground in its respondent’s brief [read post]
28 May 2008, 6:00 am
For these reasons, we conclude that the primary jurisdiction doctrine does not apply.Slip op. at 8-10. [read post]
28 Mar 2024, 11:37 am
Rule 9.03(2) provides for exactly that. [read post]
13 Apr 2022, 4:00 am
The Federal Court has held that a statement of claim may be struck if it does not explicitly plead that the grant is in writing.[2] It can also be problematic if the copyright owner is not a party to the copyright infringement lawsuit. [read post]
24 Sep 2010, 8:11 am
Acknowledging that “there may be circumstances from which to infer that the defendant, but not the plaintiff, reasonably should have anticipated litigation between the parties”, the court concluded that “this case does not present those circumstances. [read post]
8 Sep 2015, 4:22 pm
The main thrust of the article was that the plaintiff was “head of Action Against Drugs and that this organisation was a criminal gang which does not prevent the drug trade but rather “rakes in a small fortune ‘taxing known dealers’“. [17] On 27 July 2014 the first defendant published a further article on page 26 of the Sunday World under the heading “Vigilante has price on his head“. [read post]
6 May 2015, 4:00 am
On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. [read post]
18 May 2020, 6:05 am
(NYSCEF 38, 4/12/2019 email, 2.) [read post]
19 Mar 2010, 3:02 am
Finally, Judge Holwell held that plaintiffs’ allegations that the Fund overstated the value of its mortgage-related holdings "fail" because the Complaint "does not aver a single concrete fact to suggest that defendants deviated from the prescribed valuation methods. [read post]