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10 Jun 2013, 6:28 am
Turning now to fair use, this requires the defendant to prove use (1) other than as a mark, (2) in a descriptive sense, and (3) in good faith. [read post]
6 Jun 2013, 12:28 pm
The suit has also named several Jane Does as defendants, a legal tactic commonly used as a placeholder when the identities of defendants are unknown. [read post]
4 Jun 2013, 7:07 pm
In the instant case, there are a number of factual issues for a jury to decide that are relevant to the determination as to whether the defendant's acts constituted a substantial and unjustifiable risk of death, namely: (1) Was the injection intravenous or subcutaneous? [read post]
4 Jun 2013, 11:22 am
Tice, 33 Cal.2d 80, 199 P.2d 1 (1948), may have involved uncertainty about the shooter, but there was no doubt that a pellet from one of the two defendants’ guns hit the plaintiff and caused a legally recognized injury. [read post]
3 Jun 2013, 8:57 am
Defendant Rodolfo Cruz has already entered a plea to a reduced charge and is cooperating with the investigation. [read post]
2 Jun 2013, 8:33 pm
– Article 1, Section 16, Florida Constitution For over a year, the issue of race has hung over the George Zimmerman case like a persistent thunderstorm. [read post]
2 Jun 2013, 8:33 pm
– Article 1, Section 16, Florida Constitution For over a year, the issue of race has hung over the George Zimmerman case like a persistent thunderstorm. [read post]
31 May 2013, 8:49 am
On the res ipsa loquiturargument, the court’s analysis was more extensive, examining the three conditions that must exist in order for the doctrine to apply under Kansas law: (1) the thing that caused the injury must have been within the exclusive control of the defendant; (2) the occurrence must be something that ordinarily does not happen in the absence of negligence; and (3) the plaintiff cannot have been contributorily negligent. [read post]
27 May 2013, 4:18 am
As Lord Sumption pointed out in argument, in order for a defendant to be party to a common design, she must share with the other party, or parties, to the design, each of the features of the design which make it wrongful. [read post]
22 May 2013, 11:10 am
Further lawsuits are expected against the above named and other defendants. [read post]
10 May 2013, 1:43 pm
(2) what renders an explanation plausible, and when is “unknown on the current evidence” an appropriate explanation to offer? [read post]
10 May 2013, 7:06 am
All four defendants are scheduled to be sentenced July 29, 2013, at 1:30 p.m. in Department C-57, Central Justice Center, Santa Ana. [read post]
8 May 2013, 7:29 am
But there is reason to believe that courts are recognizing the trolls’ disingenuous efforts to join scores of unknown defendants in a single action. [read post]
4 May 2013, 3:17 pm
Point (1) is vacuous. [read post]
1 May 2013, 5:01 pm
” The case relating to OT2 is therefore also not proceedings which correspond to A 105(1)(a) or (b). [read post]
30 Apr 2013, 9:45 am
(SC 1, para. 83.) [read post]
26 Apr 2013, 12:09 pm
However, there was also controversy around social media, in particular concerns about "witch hunts" among social media users while the suspects were still unknown. [read post]
24 Apr 2013, 5:13 am
Beach “started texting the unknown person to initiate a conversation”, and he succeeded. [read post]
12 Apr 2013, 3:36 am
In my case litigation dragged on for 3 1/2 years notwithstanding its lack of merit (as found by every judge who dealt with it). [read post]
8 Apr 2013, 2:54 am
In February 2008, the defendant Buehler allegedly demanded a majority stake in the partnership and, after Gelman refused, advised Gelman that he “quit the partnership. [read post]