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9 Feb 2021, 9:21 am
The middle level of willfully - defendant acted with bad purpose - operates in most criminal cases. [read post]
27 Jan 2012, 7:30 pm
Eugene Davis, in which all three judges on the panel joined, that began, "I write separately to express my disagreement with the recent holding by the In re Amy panel that section 2259 does not limit the victim's recoverable losses to those proximately caused by the defendant's offense and to urge the court to grant en banc review of that decision. [read post]
19 Jul 2013, 6:00 am
Defendant, Oldendorff Carriers GmbH & Co. [read post]
6 Mar 2009, 7:29 am
Doe's [...] [read post]
3 Apr 2007, 1:16 am
While CAFA admittedly broadens federal removal jurisdiction, it does not unanchor the federal courts from the basic principle of federalism that requires the construction of removal statutes against a removing defendant. . . . [read post]
21 Jan 2012, 6:38 am
” Like the work of a criminal defense lawyer, much of what an investigator does never sees the light of day. [read post]
18 Feb 2007, 8:02 pm
A common enough scenario in a liability-insurance case: the parties file cross-motions for summary judgment, with the insurer arguing it has no duty to defend. [read post]
21 Jan 2013, 10:18 am
” The court concluded: An individual's personal cell phone does not provide an electronic communication service just because the device enables use of electronic communication services, and there is no evidence here that the Defendants ever obtained any information from the cellular company or network. [read post]
24 Feb 2011, 1:38 am
The relief sought in the class-action lawsuit is a declaratory judgment that selling legitimate Coach goods second-hand does not amount to trademark infringement and also includes a defamation claim for the allegedly libelous accusations. [read post]
20 Aug 2014, 8:30 am
Recognizing that, the law does not require the moving party to show that its case is a likely winner but only a substantial likelihood that the requested equitable relief will be entered as a result of the appeal. [read post]
22 Mar 2011, 6:37 pm
A public figure, back stage with his promoters, trying to work-out content problems with public officials while MTV camera crews record the give-and-take, does not describe a private moment. [read post]
30 Jul 2008, 12:03 pm
(Note about finding current articles not yet available free online: If an Internet search for a freely available copy of a specific article is not successful , it may be that the source does not (or not yet) maintain free archives of its current or past issues. [read post]
6 Mar 2009, 12:44 pm
"And this sort of serious doubt by public auditors does generally mean that bankruptcy under Chapter 11 or 7 may be the only option left for GM.Not so.Today, Steve Harris, GM's VP of Corporate Communications refuted this in his FastLane GM Corporate Official Blog http://fastlane.gmblogs.com/:"Restructuring the business out of court remains the best solution for GM and our constituents. [read post]
9 Feb 2018, 6:00 am
His acquittal at trial on the firearm possession count does not negate the application of a federal sentencing enhancement based on identical evidence because the government need only prove the applicability of the enhancement by a preponderance of the evidence rather than beyond a reasonable doubt. [read post]
13 Nov 2013, 11:00 am
A dismissal order may be delayed if the opposing party (the defendant) has a motion for sanctions pending, because the nonsuit does not nix such a motion.The dismissal is supposed to be without prejudice rather than with prejudice because a termination by nonsuit does not involve an adjudication of the merits of the plaintiff's claims. [read post]
18 Aug 2013, 3:51 pm
They argue that the Court does not have the authority to grant the present ACD § 170.56 application without the prosecutor's consent. [read post]
28 Mar 2008, 3:32 pm
Defendant: VARIOUS JOHN DOES, VARIOUS JANE DOES and XYZ COMPANY Case Number: 5:2008cv01293 Filed: March 17, 2008 Court: Pennsylvania Eastern District Court Amerispec, Inc. v. [read post]
19 Mar 2012, 9:04 am
Defenders of Wildlife v. [read post]
26 Feb 2013, 12:22 am
Nobody would dispute that this is a significant distance, but as far the Eastern District of Missouri is concerned, forcing a defendant who lives in the Philippines to participate in litigation occurring in Missouri does not constitute an unfair or unreasonable burden. [read post]
29 Jan 2007, 11:38 am
[f]or whom part of the premium paid for the title insurance policy was received by Wilmington Finance, Inc., and/or Does 250 through 500. [read post]
