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13 Feb 2023, 3:50 pm
A plaintiff in federal court generally has standing if the plaintiff faces concrete harm from the defendant’s conduct. [read post]
13 Feb 2023, 2:53 pm
As both defendants jointly carried out the act involved in the case, both shall bear civil liabilities for stopping the infringement, eliminating the impact, and compensation for Decathlon’s loss.In response to the defendants’ arguments, the Court emphasised that the law of unfair competition protects innovation yet does not prohibit operators from learning (or even going as far as imitating) each other. [read post]
13 Feb 2023, 11:54 am
For example, a prosecutor could ask the grand jury to supersede the indictment with charges that do not carry mandatory minimum sentences; a defendant could plead guilty to a lesser included offense that does not carry the mandatory minimum; or a defendant could waive indictment and plead guilty to an information that does not charge the quantity necessary to trigger the mandatory minimum. [read post]
13 Feb 2023, 10:14 am
Causes: Why Does Misdiagnosis Occur? [read post]
13 Feb 2023, 8:24 am
” Current state law does not permit victims of stalking and other forms of abuse to obtain a restraining order when the defendant is a stranger. [read post]
13 Feb 2023, 7:54 am
Why does this matter? [read post]
13 Feb 2023, 6:43 am
Facts: Plaintiff and Defendant were before the Fourth Circuit on a citizenship and naturalization issue. [read post]
13 Feb 2023, 5:51 am
Klein’s post does not even mention the most controversial aspect of Section 702, namely, backdoor searches (discussed below). [read post]
13 Feb 2023, 5:16 am
On Jan. 17, three active-duty Marines, Cpl. [read post]
13 Feb 2023, 5:01 am
In so holding, this court emphasized the ambiguity of the phrase "I'm gonna get you"—namely, that the phrase does not necessarily mean a threat of violence. [read post]
13 Feb 2023, 5:00 am
Defendant Migden was the firm’s accountant. [read post]
13 Feb 2023, 3:00 am
The officer had recently seized suspected drugs from the defendant in another incident, so the officer had a drug dog sniff the defendant’s vehicle. [read post]
12 Feb 2023, 9:01 pm
Smith does not fall within society’s standards for a constitutional execution. [read post]
12 Feb 2023, 5:03 pm
The court ordered a permanent injunction, and the defendant was ordered to pay costs. 5RB summarised the case. [read post]
12 Feb 2023, 11:19 am
I call this the “slip and fall” issue of agent cases because in every “slip and fall” case, the defendant always says the plaintiff should have been watching out for hazards, even if the defendant created them or did not remove the hazard causing the plaintiff to slip and fall. [read post]
12 Feb 2023, 10:17 am
” Defendant’s creation and operation of a communication platform, however, does not by itself create a risk of third-party misuse as a matter of law [cites to Dyroff and Pirozzi] Because Plaintiffs base their claim on Defendant’s creation and operation of the Snapchat platform and do not allege any other facts showing Defendant engaged in risk-causing conduct, the Court concludes that the alleged facts do not give rise to a legal duty on the part… [read post]
12 Feb 2023, 8:09 am
Thus, we might model civil litigation as a game played by plaintiffs against defendants. [read post]
12 Feb 2023, 4:27 am
A great many defendants have been relieved of the burden of conviction for pot already. [read post]
11 Feb 2023, 3:26 pm
Does the la [read post]
11 Feb 2023, 5:14 am
In Eswatini, Thulani Maseko, one of the founding members of the Southern Africa Defenders Human Rights Network was shot at home while watching television with his family. [read post]
