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11 Jan 2019, 4:23 am
Perhaps if the timeline for a final decision were shorter, or the Defendants had agreed to be bound by the decision of the Nürnberg-Fürth court, the balance would have tipped in favour of a stay. [read post]
25 Jan 2011, 10:06 am by Bruce Nye
Alusuisse Flexible Packaging, Inc., 184 F.3d 527, 533 (6th Cir. 1999) (each defendant gets 30 days from when it was served). [read post]
10 May 2016, 10:45 am
Medtronic, Inc., 704 F.3d 1224 (9th Cir. 2013). [read post]
26 Jun 2009, 4:14 am
LEXIS 2439, 2000 WL 254012, at *5-6 (finding that the defendant lacked standing where, among other things, he only "occasionally" visited the premises searched); Hamdan, 891 F. [read post]
13 Sep 2011, 6:58 am
 While class/collective actions always present substantial risks to defendants, many defendants would rather have the procedural certainty of the Federal Rules of Civil Procedure (including the chance at interlocutory review of a certification decision under Rule 23(f)) and the opportunity for appellate review generally. [read post]
26 Mar 2019, 9:01 pm by Sherry F. Colb
Resolving the issue thus turns in part on whether it makes sense to understand the Constitution as extending fewer rights to defendants in state courts than it does to defendants in federal court. [read post]
22 Sep 2019, 5:21 am
"Said Ben Carson, quoted in "As Democrats call for his resignation, HUD Secretary Ben Carson defends his controversial comments about transgender people" (WaPo). [read post]
9 Oct 2015, 6:06 am
The defendant complied, and was pat-frisked and handcuffed. [read post]
12 Jul 2012, 7:30 am by W.F. Casey Ebsary, Jr.
The knowledge element does not need to be proven, but if the defendant puts it at issue, then the jury is going to hear about it, and the defendant must work to rebut the presumption. [read post]
24 Apr 2019, 5:26 am by Nathaniel Sobel
” The concurrence would have instead required that “[f]or the foregone conclusion exception to apply, the government also ‘must be able to describe with reasonable particularity’ the documents or evidence it seeks to compel. [read post]
6 Oct 2007, 11:13 am
Sampson, 385 F.3d 183 (2d Cir. 2004), the court held that a Y.O. constituted a prior drug felony for purposes of the sentencing enhancements contained in 21 U.S.C. [read post]