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11 Dec 2015, 11:09 am
If you read this blog on a regular basis, you know that I write about qualified immunity all the time. [read post]
18 Jan 2013, 8:00 am
Solis suffered multiple injuries to his back that were all treated conservatively with physical therapy and injections. [read post]
5 May 2024, 8:56 pm
For those who frequently tell UTs in their personal lives, now is the time to stop, because -- aside from the moral, ethical and legal aspects of it -- telling UTs can get you into all sorts of hot water with the law, your reputation, job situation, and more. [read post]
2 Feb 2014, 9:28 am
During the discovery phase of the case, the criminal defense lawyer requested all of the records related to the GPS device from the state. [read post]
26 Feb 2023, 12:14 pm
These and other cases make plain that the First Amendment does not shield all decisions by religious institutions, whether or employment-related or otherwise, from review. [read post]
30 Jul 2014, 7:10 am
"Plaintiff has not alleged that defendant communicated with plaintiff at all before initiating this lawsuit. [read post]
FRAMINGHAM TEEN FACES MASSACHUSETTS DANGEROUSNESS HEARING FOR KIDNAPPING AND RAPE CHARGES (PART TWO)
11 Apr 2013, 6:10 am
After all, the Defendant has not only been convicted of no previous crimes, but, thus far, he remains presumed innocent of the new charges. [read post]
11 Jun 2014, 1:22 pm
If all that occurs and the defendant uses some force afterwards, perhaps while being chased by store security, the defendant can use that defense to a robbery charge if the state is claiming the subsequent force was related to the theft. [read post]
19 Aug 2013, 9:35 am
The defendant claims on appeal that (1) the state presented insufficient evidence at trial to support his conviction on all counts, (2) the court abused its discretion when it precluded the defense from questioning two witnesses as to whether the victim’s mother stated in 2003 that she had lied to the police, and (3) the court deprived the defendant of his constitutional right to due process of law when it questioned the defendant during his testimony. [read post]
27 Dec 2012, 5:13 pm
These agreements are never set in stone, and all defendants should be weary of giving up their constitutional rights and placing themselves in danger by working undercover. [read post]
16 Jan 2013, 2:57 pm
In October of 2006 the court issued an interim order that directed all of the parties to provide a briefing on the issue of the bankrupt extension. [read post]
3 Jan 2018, 5:59 am
While 47 percent of jurors are familiar with the cross-race effect, this is "by no means a universal belief shared by all. [read post]
25 Nov 2013, 8:21 am
In Bradley, the police searched the defendant's dormitory room and recovered marijuana. [read post]
22 Sep 2016, 11:58 am
Defendants in this Indiana litigation, all residents of Indianapolis, Indiana, consist of one business entity, KD&R Enterprises LLC d/b/a Ziggy's a/k/a Ziggy's Bar & Grill, and three individuals, Krista Stallings, Denice Benefiel and Ryan Cromer. [read post]
6 Jun 2013, 12:05 pm
[Plaintiff] argues that by questioning the propriety of [the inventor's] inventorship of the [patent-in-suit] during his deposition, the position [defense counsel] has taken on behalf of defendants in this case threatens the validity of all of [plaintiff's] patents. . . . [read post]
12 Mar 2015, 7:39 am
NationsBank of Maryland, which recognized that claims in quantum meruit and implied contract are all aimed at achieving restitution. [read post]
7 Jan 2015, 11:48 am
On appeal, the defendant claims that the Appellate Court improperly concluded that: (1) the alimony award was not based on a finding that he had committed adultery; (2) the alimony award did not violate the parties' prior written stipulation releasing the defendant from 'any and all claims' arising from certain financial misconduct he allegedly committed during the marriage; and (3) a preponderance of the evidence standard of proof governs indirect civil… [read post]
3 Oct 2013, 11:32 am
Suave, the high Court stated that precluding any and all negligence claims against an owner for the actions of his or her animal "would be to immunize defendants who take little or no care to keep their livestock out of the roadway or off of other people's property." [read post]
1 Jun 2015, 8:04 am
The district court dismissed the case as moot, as the Offer would have given plaintiff all the money to which he was entitled. [read post]
14 Nov 2014, 8:15 am
But Defendants rely on multiple combinations of references to make that argument, and as couched by Defendants, those combinations seem more like an obviousness argument under 35 U.S.C. [read post]
