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18 Apr 2014, 5:48 am
 Nor does he claim that the FBI failed to confirm that the material downloaded was, in fact, child pornography. [read post]
6 Jul 2022, 12:14 pm by Rebecca Tushnet
But “[s]imply because a product is addictive does not obviously alter the analysis for the legal claims at issue. [read post]
23 Mar 2016, 4:38 pm by John Floyd
Lawler joined the Fifth, Third, and Sixth Circuits in holding that § 2D1.1(a)(2) applies “only when a resulting death (or serious bodily injury) was an element of the crime of conviction, proven beyond a reasonable doubt or admitted by the defendant. [read post]
8 Apr 2015, 5:28 am
  It then went on to note that[w]ith respect to first-degree retail fraud, the prosecution must prove beyond a reasonable doubt that: (1) `the defendant took some property that the store offered for sale;’ (2) `the defendant moved the property,’ with any movement being sufficient regardless of `whether the defendant actually got the property past the cashier or out of the store;’ (3) `the defendant intended to steal the… [read post]
19 Jul 2020, 5:40 pm by Broden Mickelsen
Losing an appeal in Texas might feel like the end of the road, but it does not necessarily mean that your case is over. [read post]
19 Jul 2020, 5:40 pm by Broden Mickelsen
Losing an appeal in Texas might feel like the end of the road, but it does not necessarily mean that your case is over. [read post]
10 Jun 2015, 10:54 am by K&L Gates
” Turning to the format of production for Defendants’ active emails, the court stated that the “dispute over the proper format … is governed by a similar cost-shifting analysis” and went on to address the reasonableness of the TIFF format, including the reminder that “Rule 34(b)(2)(ii) allows its use in the absence of a request that does not specify a particular form. [read post]
10 Jun 2015, 1:47 pm by kgates
” Turning to the format of production for Defendants’ active emails, the court stated that the “dispute over the proper format … is governed by a similar cost-shifting analysis” and went on to address the reasonableness of the TIFF format, including the reminder that “Rule 34(b)(2)(ii) allows its use in the absence of a request that does not specify a particular form. [read post]
25 Sep 2024, 6:06 am by Eugene Volokh
As discussed above, because the statement was not false (a fact that Plaintiff does not dispute), Defendants had no obligation to update the story once Plaintiff's charges were dismissed. [read post]
Our Chicago breach of fiduciary duty and business litigation attorneys have defended and prosecuted minority oppression, business divorce, stolen corporate opportunity and breach of fiduciary duty lawsuits for more than three decades. [read post]
11 Jul 2007, 11:54 am
District Court for the District of Delaware that ViaCell, through its marketing of ViaCord does not infringe PharmaStem’s U.S. [read post]
15 Apr 2014, 3:47 am by Andrew Trask
“Having access to this contact information, as plaintiff assures the court defendant does, means that each individual can be contacted to determine their interests in the litigation, their desire or lack thereof to join a class action, or their wish to bring an individual action. [read post]
23 Nov 2015, 3:39 am by The Law Offices of John Day, P.C.
Defendants appealed, citing three issues: 1) whether the case should have been dismissed as a sanction for spoliation of evidence with regards to the destruction of the tire; 2) whether the trial court should have granted summary judgment as to causation and the issue of whether the tire was defective or unreasonably dangerous; and 3) whether the trial court should have granted summary judgment because Tennessee allegedly does not recognize the apparent manufacture… [read post]
17 Dec 2013, 12:05 am by Orin Kerr
(2) If NSA Surveillance Triggers the Mosaic, then When is the Mosaic Triggered? [read post]
20 Jun 2013, 6:51 pm by Stephen Bilkis
On 2 December 2004, defendant pleaded guilty to rape in the second degree (PL §130.30 [1]). [read post]