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25 Jun 2012, 9:58 pm
Esparza, has held that a drug sniffing dog can smell outside a defendant's parked vehicle without the police having reasonable suspicion of the presence of contraband, and that such use of the dog does not constitute a "search" under the Colorado Constitution's protections against unreasonable search and seizure. [read post]
17 Mar 2021, 5:24 am
Some will help potential defendants, such as a new threshold of serious harm and tighter time limits for bringing actions. [read post]
21 Feb 2012, 6:26 pm
The transport authority does not have any link of ownership to the location described by the plaintiff. [read post]
8 Nov 2023, 4:30 am
The defendant operated a hotel and event venue. [read post]
12 Aug 2013, 8:32 am
Despite the fact that these records may be publicly available, the Court held that fact does not “preclude production of those records from a party” if the party possesses them. [read post]
12 Aug 2013, 8:32 am
Despite the fact that these records may be publicly available, the Court held that fact does not “preclude production of those records from a party” if the party possesses them. [read post]
28 Jul 2010, 5:00 am
Both of those cases hold that the UCL does not allow fee-shifting even if the "borrowed" law does. [read post]
26 Jul 2022, 2:03 pm
" Nor does Plaintiff's admission that she went to Defendant's home to gather her belongings, render it "substantially true" that, as Defendant conveyed, Plaintiff was "trespassing" on his property. [read post]
11 May 2018, 11:31 am
(“A trial court has no duty to waive court costs; it has discretion whether to do so, and R.C. 2949.092 does not provide standards for the exercise of that discretion. [read post]
4 Feb 2011, 8:22 am
Further, the complaint does not provide sufficient detail about the defendants and their products such that defendants would be on notice as to which products or services are the subject of the suit.Moreover, plaintiff fails the plausibility test set forth in Iqbal. [read post]
11 Jan 2011, 7:59 am
Defendants’ evidence establishes that, while [plaintiff's] evidence fails to adequately challenge it. [read post]
27 Jul 2014, 4:16 pm
A New York City Lawyer knows how to act in your best interest to ensure that you are not sentenced to an offence where the evidence does not support it. [read post]
11 Jul 2014, 3:11 pm
In the Court's view, the mere fact that the existence of complainants' report was not revealed to the criminal defendant does not satisfy this standard. [read post]
15 Apr 2022, 2:43 pm
A court may not presume a defendant waived the right to counsel when the record does not reflect such a waiver. [read post]
10 Sep 2020, 5:30 pm
(Who Defends Your Data?) [read post]
22 Nov 2014, 9:01 am
Further, Ellis v Wirshba, another case defendants cite, does not support defendants’ contention that venue should be changed to Westchester County. [read post]
20 Aug 2012, 10:28 am
However, in cases where there is a defendant who settles before trial, the remaining defendants should present evidence of the settling defendant's negligence so that the jury can then be requested to apportion damages. [read post]
15 Mar 2011, 6:00 am
The defendant does not see the child and strikes the child, killing him or her. [read post]
17 Feb 2015, 8:10 am
Brack of New Mexico — having sentenced 6,708 defendants in just the last five years. [read post]
11 Feb 2010, 5:54 am
Many defendants are surprised to learn about the law of parties. [read post]
