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5 May 2014, 3:49 pm
The defendant would have the court come to the conclusion that the medical preference that is referred to in this particular law does not apply in this particular case. [read post]
11 Jun 2014, 9:21 am by Second Circuit Civil Rights Blog
Nor does it matter that defendants did not screw over the plaintiff in the pursuit of their official firefighting duties. [read post]
11 Jan 2013, 8:28 am
As always, the reversal of summary judgment does not mean a victory for the plaintiff. [read post]
26 May 2012, 3:02 pm
The deposition testimony of the Defendant B witnesses that Defendant D’s plates were at the site in October does not contradict the evidence that the Defendant D plates were removed before the accident date. [read post]
20 Nov 2011, 5:22 pm by WOLFGANG DEMINO
    What does the Defendant have to show to be entitled to summary judgment against the Plaintiff when sued for libel or slander? [read post]
13 Dec 2017, 9:26 pm by justia.admin
” Its sole purpose is to ensure, through an interpretation of the Sherman Act, that an otherwise broad federal law does not vitiate states’ residual constitutional power to regulate. [read post]
16 Dec 2016, 3:17 am by Marie-Andree Weiss
For Plaintiffs, merely setting the action of the movie in a different time is not transformative enough, as the “creation of a derivative work that is set in a (slightly) different time than the original does not constitute a “transformative use” (Plaintiffs’ motion p. 19).Defendants are arguing that their works “are transformative-going where no man has gone before” [ah!) [read post]
27 Jan 2010, 5:57 am
The fact that defendant Robinson's blood was collected in violation of our state law at the time does not alter our Fourth Amendment analysis. [read post]
25 Nov 2014, 2:56 pm by Stephen Bilkis
Plea bargaining does in fact occur in the overwhelming percentage of major offense prosecutions but not on terms in which the elements of delay and staleness of prosecution are a factor. [read post]
22 Nov 2006, 8:39 am
If the office does not comply, the order says a hearing will be held on Dec. 8 about whether the board members and management team should be held in contempt of court. [read post]
10 Nov 2009, 4:09 am
Plaintiffs assert that there will be no undue delay nor prejudice to defendants from the change; the amendment does not alter the proposed sub-classes as to other defendants who are the builders and installation contractors who allegedly installed the product. [read post]
22 Jun 2018, 7:03 am by dhdlaw
  Lack of knowledge does not shield the defendant from liability, however. [read post]
12 Jun 2018, 10:54 am by Steven Cohen
The defendants also argue that Bishop’s testimony does not show 1) that she used any methodology to diagnose the plaintiff and 2) that the relationship between the how the testing was conducted and the underlying methodology was adequate. [read post]
28 Jan 2009, 4:00 am
 But, Brazil is not a signatory to one treaty that does mandate a method and it is a signatory to another that does not mandate a method of service. [read post]
28 Jan 2009, 4:00 am
 But, Brazil is not a signatory to one treaty that does mandate a method and it is a signatory to another that does not mandate a method of service. [read post]
28 Jan 2009, 4:00 am
 But, Brazil is not a signatory to one treaty that does mandate a method and it is a signatory to another that does not mandate a method of service. [read post]
2 Apr 2018, 8:03 am by Steven Cohen
Masory does not have the qualifications to provide an opinion on the defect of the ladder. [read post]