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12 Jul 2013, 8:28 am
Speeding is estimated to be a factor in over 50 percent of all collisions across the nation. [read post]
1 Mar 2013, 7:45 am
” Accordingly, the appellate waiver applied in McGee.In other words, no matter how clear it is that the defendant does not qualify for an ACCA sentence, no matter how obvious it is that the defendant should be facing a statutory maximum of 10 years, the Sixth Circuit will be powerless to correct this type of an error if there is an appellate waiver to all sentences within the statutory maximum.Of course, there is a simple solution. [read post]
14 Mar 2018, 5:00 am
The court otherwise noted that the fact that all but one of the Defendants were in a different county was not controlling on the issues presented. [read post]
1 Oct 2014, 1:48 pm
Under the numerosity analysis, the Court did not agree with defendants that joinder was practicable simply because all of the class members were identifiable as plan participants. [read post]
7 Apr 2020, 5:30 am
The Motion before the court involved the Defendant’s Motion to Dismiss and/or Strike these claims.The case was originally filed in Luzerne County but removed to the federal court. [read post]
28 Jan 2013, 6:19 pm
He had, after all, promised to give her 20,000 Dominican pesos to take her mother to the doctor, but that did not quite work out as arranged. [read post]
2 Mar 2018, 5:00 am
The court also noted that the record revealed that this Defendant was in compliance with all applicable regulations. [read post]
3 Feb 2021, 6:31 pm
This issue has arisen all around the country, and we have filed multiple briefs in different courts warning of the danger of secret software being used to convict criminal defendants. [read post]
8 Dec 2017, 9:46 am
As such, since all jurisdictions have eliminated the distinction between the principal liability and aiding and abetting, the conviction of the latter is like a conviction for the former. [read post]
16 Mar 2015, 5:31 pm
The defendant appealed. [read post]
8 Jul 2013, 6:49 pm
This is not to say that all evidence of gang affiliation is automatically admissible in criminal trials. [read post]
19 Apr 2013, 1:44 pm
The court dismissed all but two of the causes of action on the defendants’ motion. [read post]
17 Jun 2014, 8:00 am
The trial court entered judgment, and the defendants appealed. [read post]
1 Oct 2013, 5:03 pm
To be added to our email circulation with MUCH, MUCH more law, click here and specify whether you wish to be added to our CRIMINAL, CIVIL, HEALTH & INSURANCE, 11th CIRCUIT, or all FEDERAL Recent Decisions of Interest. [read post]
21 Mar 2015, 11:49 am
Defendants moved to dismiss.Analysis: the Court found that all of Plaintiff’s claims hinged on the validity of the Modification. [read post]
5 Aug 2013, 6:43 am
Dimitrie Romanian Orthodox Church ("The defendant St. [read post]
26 Sep 2014, 8:00 am
The Ninth Circuit affirmed, holding as follows: The plaintiff satisfied the commonality requirement of Federal Rule 23(a)(2) by identifying common questions, the truth or falsity of which would "resolve an issue that is central to the validity of each claim in one stroke": (i) whether class members generally worked overtime without receiving compensation as a result of Defendant’s unofficial policy of discouraging reporting of such overtime, Defendant’s… [read post]
20 Feb 2013, 12:53 pm
He was set to handle her case very promptly and would have released her from jail in all likelihood had she played her cards right. [read post]
3 May 2021, 5:00 am
Under the legal standard with respect to addressing Preliminary Objections, the court noted that it had to draw all reasonable inferences in favor of the non-moving party. [read post]
17 Jun 2015, 10:00 am
And that made all the difference. [read post]
