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21 Jun 2019, 7:21 am by Yige Wang
§1983 fabricated-evidence claim does not begin until the criminal proceedings against a defendant have finished. [read post]
18 Jul 2007, 7:50 am
Last week in Matter of Phillips v Ramsey, 2007 NY Slip Op 06045, the Second Department held that a state trooper's personal copy of a police training manual does not constitute Brady material. [read post]
21 Jan 2010, 4:30 pm by Seth Leventhal
Court of Appeals for the Eighth Circuit (Smith, Bye, Colloton, opinion by Smith) reaffirmed its long-held and not controversial view that "being very busy" does not qualify as "excusable neglect" for missing a court deadline and, as a result, the plaintiff in an employment discrimination case lost against defendant's motion to dismiss, as unopposed. [read post]
18 Jun 2011, 1:09 pm
Now that President Obama has decided that it is federally unconstitutional to bar recognition of same-sex marriage and civil unions, his administration will no longer defend the Defense of Marriage Act (DOMA) in court, which does not acknowledge the legitimacy of same-sex marriages. [read post]
3 May 2009, 12:37 pm
HBZT, a California corporation, Dan Black, an individual and Does 1 through 50, inclusive, Defendants. [read post]
28 Jun 2018, 6:00 am by CJ Haddick
Court of Appeals  has recently affirmed a ruling in favor of Selective Way Insurance Company, holding that Selective does not have a duty to defend or indemnify an insured contractor for claims of faulty workmanship arising out of a ondominium construction project. [read post]
28 Feb 2011, 5:24 am
February 9, 2011).* Merely because the officer gets the driver out of the car and summons him back to the patrol car for a few questions and leaves the passenger does not make a stop unreasonable. [read post]
22 Jul 2009, 12:23 am
Defendant's motion to dismiss a licensee for lack of standing to sue as a co-plaintiff was denied even though the license reserved to the licensor "the sole right and license including the right to sublicense others. [read post]
4 Oct 2007, 8:24 am
Consent denial binding under Randolph does not have to occur at the threshold; it can be elsewhere. [read post]
26 Apr 2019, 9:24 am by Steven Palermo
The plaintiff’s attorney and defendant’s attorney must be available, as well as the parties to the lawsuit. [read post]
26 Apr 2019, 9:24 am by Steven Palermo
The plaintiff’s attorney and defendant’s attorney must be available, as well as the parties to the lawsuit. [read post]
29 Nov 2019, 1:52 pm by Larry
Aulakh) does not show up to defend, the Court will entertain a motion for a default judgment, which would be a win for the Government. [read post]
5 Apr 2017, 4:59 am by Stan Gibson
“First, simply because the Ingenico Defendants won at trial does not make this case exceptional. [read post]
10 Jan 2024, 9:48 am by Hanlon Law, PA
Because the general verdict does not specify which theory of first-degree murder the jury relied on, the defendant argued that the jury may have incorrectly thought that he could be convicted of felony murder based on the commission of a theft. [read post]
10 Jan 2024, 9:48 am by Hanlon Law, PA
Because the general verdict does not specify which theory of first-degree murder the jury relied on, the defendant argued that the jury may have incorrectly thought that he could be convicted of felony murder based on the commission of a theft. [read post]
6 May 2008, 4:50 pm
It does not infer that the Defendant may use the specified negative keywords or adwords for any other purpose. [read post]
23 May 2014, 6:45 am by Dean Law Firm, LLC
However, in some cases where the plaintiff’s case is especially weak, a defendant may petition the court to dismiss the case against them. [read post]