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19 Mar 2020, 6:22 am
§ 2241, when a federal appellate court must determine if double-jeopardy protection bars retrial after a mistrial is granted over a defendant’s objection based upon the absence of a critical prosecution witness, the required strict scrutiny applied to the legal determination of manifest necessity constrains in equal or greater measure the deference universally accorded a trial court’s fact-finding; and (2) whether, in granting relief under 28 U.S.C. [read post]
18 Mar 2020, 4:44 pm
Once declined, Granston explained, they treat relators and defendants as third parties and DOJ does not provide claims data to them. [read post]
18 Mar 2020, 7:43 am
What does this really mean? [read post]
18 Mar 2020, 7:00 am
That lack of second-round objections to jury instructions is required under FRCP 51(d)(1) unless the instructions fall under the “plain error” exception of FRCP 51(d)(2). (2) Plain Error. [read post]
17 Mar 2020, 2:44 pm
As of March 13th, the alert level was 2: – “Reduced operations due to moderate judiciary, judicial staff, courthouse staff and sheriff absences, and to protect public health and to reduce and slow the transmission of the virus. [read post]
17 Mar 2020, 1:37 pm
Within a very short time after the Monsanto deal closed, several of the bellwether Round Up cases went to trial and resulted in massive verdicts against Monsanto, including one with a $2 billion punitive damages verdict. [read post]
17 Mar 2020, 12:59 pm
In fact, I wrote one myself that basically blends Art. 3 IPRED and eBay factor #2. [read post]
17 Mar 2020, 12:13 pm
” The defendants moved for summary judgment claiming that (1) the Baehrs’ claim was not subject to equitable tolling and thus was barred by RESPA’s one-year statute of limitations, and (2) the Baehrs had not suffered a concrete injury and thus lacked Article III standing to sue. [read post]
17 Mar 2020, 8:44 am
How Does Armed Robbery Differ? [read post]
17 Mar 2020, 7:00 am
United States 19-1037Issue: Whether a defendant is “unable to stand trial” within the meaning of the Interstate Agreement on Detainers when he or she has a motion pending before the trial court. [read post]
17 Mar 2020, 5:09 am
Plaintiff Harrell is alleged to have mental health and substance abuse challenges and only $2 to his name. [read post]
17 Mar 2020, 4:54 am
This right is violated if (1) the counsel’s representation fell below an objective standard of reasonableness; and (2) the counsel’s subpar representation prejudiced the defendant.) [read post]
16 Mar 2020, 1:54 pm
Fallout from Cyan: Does the PSLRA Discovery Stay Apply in State Court? [read post]
16 Mar 2020, 12:43 pm
The financial effects of the COVID-19 pandemic and containment efforts has many businesses flailing to reconfigure their staffing and other business models even as Congress is preparing to impose paid COVID related leave mandate on employers with less than 500 employees. [read post]
16 Mar 2020, 10:43 am
Fettig, 2019 WL 1904589, *2 (S.D. [read post]
16 Mar 2020, 10:43 am
Fettig, 2019 WL 1904589, *2 (S.D. [read post]
16 Mar 2020, 8:51 am
The defendant also asserted that plaintiff’s claim was barred by §28-2-110. [read post]
16 Mar 2020, 6:43 am
Maryland’s Senate Bill 2 (and the cross-filed House Bill 965) is concerning in its own right, but also as a harbinger of action in other states. [read post]
16 Mar 2020, 5:32 am
G.S. 7A-39(b)(2). [read post]
15 Mar 2020, 9:48 pm
Since the bill expressly does not, as currently drafted, the bill expressly provides that it does not preempt existing state or local paid sick leave entitlements, employers also could face additional requirements under state or local law. [read post]
