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26 Nov 2009, 6:00 am
Although coercive police activity is a necessary predicate to establish an involuntary confession, it does not itself compel a finding that a resulting confession is involuntary. [read post]
13 Apr 2019, 4:33 pm
Thus, an amendment to the charging information in the middle of a trial is a reversible error as a matter of law, even if the defendant does not show prejudice. [read post]
4 Nov 2010, 11:13 am
The plaintiff appealed from the order denying her motion for remand and granting the defendant's motion for summary judgment.The Second Circuit in upholding the decision not to remand the case, stated: "We join the Eighth Circuit, as well as all of the district courts in this Circuit to have addressed the issue, inholding that the removal clock does not start to run until the plaintiff serves the defendant with a paper that explicitly specifies the amount of… [read post]
9 Jul 2012, 11:42 am
[“Export Packers”] confirms that a defendant’s third party claim does not amount to a “real and substantial connection” unless one of the (4) presumptive connecting factors set out in Club Resorts Ltd. v. [read post]
4 May 2008, 4:40 pm
What does this mean for the consumer that is sued? [read post]
28 Sep 2011, 11:18 am
In a recent case, the Appellate Division of the Superior Court of New Jersey held that a plaintiff can be awarded fees even when a case does not reach trial if the suit itself helped encourage a defendant to correct an unlawful practice. [read post]
17 Jun 2009, 9:32 am
; second, does §3553 as a whole permit a judge to go below the Guideline range for this reason? [read post]
9 Dec 2014, 8:40 am
The court concluded that a defendant could commit second-degree assault of the intent-to-frighten type against a victim of whose presence he or she does not know. [read post]
19 Jan 2022, 11:38 pm
the defendant argued that Columbia should be estopped from asserting infringement under DOE because the corresponding independent claims of the ’115 Patent were cancelled during IPR. [read post]
13 Jul 2010, 12:56 pm
When a defendant does not respond to a claim against him or her, the court has the ability to enter a judgment despite a party's failure to show up and present a defense. [read post]
29 Jun 2011, 7:31 am
Plaintiffs' motion to dismiss defendant's inequitable conduct claim for failing to plead with particularity was granted. [read post]
8 Aug 2016, 7:27 am
Therefore the court dismissed the claims against the individual defendant with prejudice. [read post]
14 Dec 2014, 12:37 pm
” Citing the Medical Studies Act, the court held that when the legislature wishes to establish a new discovery privilege, it does not explicitly. [read post]
“I AM BEING CHARGED IN A MASSACHUSETTS DOMESTIC VIOLENCE CASE…WHAT CAN I EXPECT FOR BAIL?” (PART 2 )
20 Aug 2013, 3:50 pm
However, this does not mean that, if the charge were not murder, that the Defendant would be released on bail. [read post]
19 Feb 2015, 6:38 am
When it does happen, it's usually best to thank the moon or the stars or whatever it is that works for you. [read post]
9 Aug 2015, 12:56 pm
While the inclusion of a single suspect's photograph in successive arrays is not a practice to be encouraged, it does not per se invalidate the identification procedures. [read post]
8 Apr 2018, 7:43 pm
This is not to say Massachusetts does not have any rules of evidence, they just do not come from a code book or the Massachusetts General Laws (M.G.L.). [read post]
7 Jan 2020, 4:25 am
The cause of action for indemnification is not “a disguised professional malpractice claim subject to a three-year statute of limitations, as it does not allege that [defendant’s] professional services were negligently performed, but instead alleges a breach of the [subcontract]” consisting of defendant’s separate failure to comply with its indemnification obligation (State of N.Y. [read post]
6 May 2019, 8:25 am
The defendant states that Dr. [read post]
2 Jul 2018, 12:25 pm
The defendant argues that Vidino’s testimony should be excluded because he does not have specialized knowledge about the al-Nusrah Front and that his testimony about ISIS and other terrorist organizations is not relevant. [read post]
