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2 Jan 2015, 5:00 am
And if it happens, how does an injured plaintiff prove their claim? [read post]
4 Nov 2011, 12:33 pm
What is worse, it now enlists that contradiction to support an argument against Appellant, that the burden of the statute is de minimis, that the law leaves open sufficient options and does not reduce the pool of potential canvassers, which it clearly does. [read post]
25 Jun 2009, 9:04 am
The amendment under 3582 does not trump 21 USC 841, but vice versa. [read post]
21 Oct 2017, 6:26 am
An individual in Colorado could be convicted of unlawful sexual contact if the victim does not consent, if the defendant uses drugs or other substances to impair the victim’s abilities, if the victim is confined to an institution in which they have no authority over themselves, if the victim is unable to give their consent or does not understand sexual contact, or if the defendant coerces an individual under the age of 18 to expose themselves or… [read post]
18 Nov 2009, 7:44 am
These cases are usually brought under Title VI of the Civil Rights Act, which does not allow for a qualified immunity defense. [read post]
8 Oct 2007, 1:30 pm
They include1) Affirmative defenses 2) Statute of limitations - four years 3) Defendant is not liable where she did not "intentionally" interfere with plaintiff's business relationship. 4) Acts occurring during a judicial proceeding are absolutely privileged and cannot give rise to tortious interference claims. 5) When the contract provision expressly reserves the right of interference. 6) Agent that gives, on request by his or her principal "honest advise" in his… [read post]
22 Jan 2010, 11:41 am
The Federal Circuit then explained that "merely omitting a step in a described process does not perforce expand the scope of the claim to encompass the use of devices that are nothing like those described in the specification as integral to the invention. [read post]
24 May 2013, 11:17 am
"Without permission or license," it alleges, "Defendant West Sixth Brewing Company, LLC ('Defendant' or 'West Sixth') [carefully defined in case you might be confused by that, too] began selling beer, ale, and brewpub services in 2012" using marks that "are confusingly similar to Magic Hat's #9 marks" (see above). [read post]
30 Jul 2019, 3:30 am
Here’s why according to the Eighth Circuit: First, [the plaintiff’s] requested accommodation is unreasonable because it would require [the defendant] to reassign other [employees] to shifts that they would not have otherwise been scheduled to work….Second, and more importantly, [the employee’s] requested accommodation essentially amounts to an “unlimited absentee policy,” which is unreasonable as a matter of law….The fact that [the… [read post]
6 Jan 2013, 6:36 pm
According to the article, the authorities in West Virginia said that “the state does not believe such testing will or can prove the defendant’s innocence after his guilty plea. [read post]
9 Jul 2018, 9:04 am
The court also states that the defendant does not show what this opinion was offered to prove. [read post]
6 Jan 2012, 2:45 pm
The statement from SEC Enforcement Director Robert Khuzami says this change in policy is “unrelated” to a dispute between the SEC and Citigroup, a dispute that has highlighted how in other cases the SEC does allow defendants to neither admit nor deny the action they often agree not to repeat. [read post]
9 Jul 2018, 9:04 am
The court also states that the defendant does not show what this opinion was offered to prove. [read post]
6 Jul 2013, 11:55 am
A Queens Probate Attorney said that, in the pending Civil Court holdover proceeding to recover possession of the subject dwelling unit, defendant alleged that plaintiff does not use the premises as his primary residence and, apparently, never has. [read post]
3 Jul 2013, 11:55 am
A Westchester County Probate Lawyer said that, in the pending Civil Court holdover proceeding to recover possession of the subject dwelling unit, defendant alleged that plaintiff does not use the premises as his primary residence and, apparently, never has. [read post]
25 Sep 2020, 5:01 am
Of course, whenever tax does become a factor in a television court show episode I like to write something about it for this blog, as I have done in the past with posts such as Judge Judy and Tax Law, Judge Judy and Tax Law Part II, TV Judge Gets Tax Observation Correct, The (Tax) Fraud Epidemic, Tax Re-Visits Judge Judy, Foolish Tax Filing Decisions Disclosed to Judge Judy, So Does Anyone Pay Taxes? [read post]
4 Feb 2015, 10:21 am
” The SDNY added that “while [Defendant] Cop may [be] a far cry from Woodward and Bernstein” [that is called an “ironic understatement”]the fact that the news thus analyzed was “on the tawdry side of the news ledger” does not prevent a finding of fair use. [read post]
19 Aug 2010, 12:35 pm
In the meantime, my client does not have a conviction for DWI on his record and I can have two opportunities to try to keep him out of that second offender range of punishment, and possibly beat both charges all together. [read post]
6 Jun 2013, 3:55 pm
The White House called the data collection a "critical" tool in the fight against terror and noted that the "information acquired does not include the content of any communications or the name of any subscriber." [read post]
2 Nov 2016, 3:00 am
As of now, however, that law does not take effect until Jan. 1, 2017. [read post]
