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5 Jan 2024, 4:05 am by Howard Friedman
The court did not get to the merits of the constitutional argument, saying in part:Because Plaintiffs fail to meet their burden to establish an applicable waiver or exception to the doctrine of sovereign immunity, the Court dismisses all claims against the United States without prejudice for lack of subject matter jurisdiction under Rule 12(b)(1).The court went on to refuse to exert supplemental jurisdiction over state law nuisance claims against defendant synagogue. [read post]
20 Feb 2013, 1:27 pm
The court also rejected damages for emotional distress, finding that plaintiff "failed to meet the high threshold required in proving" this claim because defendant's failure to deliver the dresses was "not so outrageous in character and extreme in degree that it exceeds all bounds tolerated by a decent society which is of a nature calculated to cause, and does cause, serious mental distress." [read post]
15 Apr 2013, 1:25 pm
In South Florida and all of its jurisdictions such as Miami, West Palm Beach, Fort Lauderdale, Hollywood, Pompano Beach, Aventura, Boca Raton and Coral Springs, many pretrial motions can be filed by the defense. [read post]
11 Jul 2022, 3:51 am
Did FINRA have to approve all three purported transactions or only two or one? [read post]
23 Jan 2016, 1:42 pm
D testifies that Victim was the aggressor, and that D was merely defending himself. [read post]
7 Jun 2019, 3:34 pm by Jon Katz
Developing a persuasive defense story is vital for criminal defendants in all trials. [read post]
18 Jun 2018, 7:43 am by Docket Navigator
If the defendants sell their allegedly infringing quints to customers, the plaintiffs opportunity to make sales of other apparatus to those customers in all likelihood will be lost. [read post]
26 Oct 2015, 1:26 pm
I have been practicing exclusively criminal defense for the last 17 years since leaving the Baltimore County State's Attorney's Office and handle these types of cases all over the State. [read post]
13 Mar 2024, 8:00 am
“They do not give the Defendants enough information to prepare their defenses intelligently, as the Defendants could have violated the Constitution and thus the statute in dozens, if not hundreds, of distinct ways. [read post]
17 Apr 2017, 8:20 am by Rebecca Tushnet
[R]emove the word “Grange” from all public telephone and business directory listings, on the internet or otherwise, ... [read post]
15 Oct 2013, 12:24 pm by Daniel E. Cummins
As noted, on appeal the Superior Court reversed the trial court decision allowing for a new trial and remanded the case with the direction that judgment be entered in favor of all Defendants. [read post]
8 Apr 2010, 8:43 am
Sometimes these clients are arrested for crimes that offend all people.My job is not to judge what these clients have done, but to defend them. [read post]
27 Apr 2009, 12:42 am
In denying defendant's motion for judgment as a matter of law, the court rejected defendant's argument that plaintiff did not meet the Panduit test for lost profits. [read post]
17 Jul 2012, 2:35 pm
According to Okoro, she never agreed to volunteer for Aegis; at all times, she expected to be compensated for her work. [read post]
8 Feb 2012, 6:15 am
Davenport and co-defendants including Orlando Muckle were charged in Georgia with conspiring to possess drugs with intent to distribute. [read post]
13 Sep 2012, 9:05 am by Denise Sze
Insurance companies also defend themselves against bad faith allegations by proving the insurer’s "good faith" reliance on the advice of competent counsel.1In property insurance claims, coverage counsel may make an early appearance on behalf of the insurance company during the adjustment period of an open claim. [read post]
15 Jul 2010, 3:23 am
Not a Fourth Amendment case, but one with some Fourth Amendment implications: Officers testified falsely about what happened in defendant’s home during arrest. [read post]
19 May 2009, 10:49 am
I am heading to traffic court today to defend a client that was run over from behind and sustained a brain injury in Buckhead. [read post]