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27 Oct 2009, 5:03 am
In a personal injury trial involving a non-English speaking witness, the court ruled that, according to section 755.5 of the Code of Evidence, "during any medical examination, requested by an insurer or by the defendant, of a person to a civil action who does not proficiently speak or understand the English language, conducted for the purpose of determining damages in a civil action", a foreign language interpreter shall be present to interpret the examination in a… [read post]
9 Aug 2012, 4:49 am
Defendant was stopped under the influence in the interim, and his DUI was dismissed. [read post]
6 Sep 2012, 2:29 pm
Does this claim really arise out of the same operative facts? [read post]
15 Aug 2011, 7:25 am
Because much of the legislation does impact the courts’ and their ability to direct defendants, and because of the aforementioned reader interest, I am dedicating this week to bail/pretrial release legislation, starting today. [read post]
11 Dec 2008, 5:00 pm
A trial court does not have the right to prohibit a newspaper from covering the testimony in a lawsuit against it. [read post]
13 Oct 2017, 6:29 am
Yes, many people experienced asbestos exposure in multiple jobs over the course of their working years, so mesothelioma cases often involve multiple defendants. [read post]
8 Aug 2007, 1:21 pm
In fact most of the run-of-the-mill defendants who pass in front of my bench fall into the categories of: Drug addicts, mentally ill, socially crippled (eg the appalling number of offenders coming from so-called Council Care) ill-educated unemployables, the terminally attitude-challenged, and the unlucky. [read post]
13 Jan 2023, 7:20 am
Defendants claimed she was fired for calling in sick, but the complaint does not concede that was the real reason. [read post]
12 Sep 2017, 12:09 pm
Doe, No. 15-50259 (9-12-17)(Christen w/Watford & Soto). [read post]
3 Oct 2015, 10:17 am
Lorza does not have the ability to simply dissolve. [read post]
17 Oct 2018, 10:11 am
The district court should use its discretion—as it does for all discovery matters—to allow limited or broad discovery based on the reliability and strength of the defendant’s showing. [read post]
4 Apr 2014, 12:02 pm
For the most part, police officers have the same right to approach your front door, knock and ask questions as anyone else does. [read post]
3 Aug 2018, 6:44 am
Despite that procedural error, defendant does not get a new trial. [read post]
25 Sep 2014, 10:42 am
The defendant agreed. [read post]
13 Feb 2014, 3:56 pm
Facts: Plaintiffs, former employees of corporate defendant's wholly owned subsidiary, alleged that the corporate defendant and its largest shareholder (also an individually named defendant) tortuously interfered with plaintiffs' long-benefit plan causing a refusal to pay benefits to which plaintiffs were entitled. [read post]
15 Mar 2013, 11:49 am
If the defendant does not admit his or her fault, then it will become harder to establish the liability. [read post]
21 Dec 2017, 9:08 pm
Odum, an appeal (after a multi-defendant jury trial) by two members of the Phantom Motorcycle Club. [read post]
23 Sep 2021, 12:13 pm
Not only does it deny the motion, but it finds that the efforts to queer the mortgage were bad faith litigation tactics, and imposes bad faith sanctions of $47,345.30 jointly and severally on defendant and "their trial counsel William S. [read post]
15 Aug 2016, 7:35 am
TRUMP, START HERE” above Defendants’ names and logos. [read post]
4 Oct 2013, 5:16 am
***For these reasons, we conclude that the indictment is “so defective that it does not, by any reasonable construction, charge an offense for which the defendant is convicted. [read post]