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8 Dec 2022, 2:20 pm by David Oscar Markus
Until it does, however, Defendant’s motion for a 12-person jury must be respectfully denied.2. [read post]
8 Dec 2022, 2:07 pm
I, for example, have defended a presumption of constitutionality, while many libertarians propose a presumption of unconstitutionality. [read post]
8 Dec 2022, 1:59 pm by David Bernstein
Of course, Yale Law School isn't UNC or Harvard, the defendants in the case. [read post]
8 Dec 2022, 12:19 pm by Susan Ross (US)
  The court also rejected J&M’s argument that the plaintiff had not shown any harm, pointing out that the statute does not require the plaintiff prove damages. [read post]
8 Dec 2022, 10:19 am by Dennis Crouch
  Preclusion decisions should not be taken lightly because they bar a party the opportunity to defend its rights in court. [read post]
8 Dec 2022, 7:57 am by Dawn Mertineit and Cat Johns
Takeaway The District of Massachusetts has now taken a decisive position that garden leave payments are not “wages” under the Massachusetts Wage Act, meaning breach of an obligation to provide such payments does not also constitute a Wage Act violation. [read post]
8 Dec 2022, 7:44 am by jonathanturley
In the course of the litigation, Abdelhady asked the court to ignore her election (and receipt) of workers’ compensation benefits and find that the WCA does not apply after all. [read post]
8 Dec 2022, 7:41 am by Alex Phipps
The court also noted “prosecution for first-degree murder theories such as premeditation and deliberation or torture satisfies the Blockburger test and does not violate [d]efendant’s constitutional right to be protected against double jeopardy. [read post]
8 Dec 2022, 7:34 am by Dan Farber
He does admit there’s a “human contribution” to global warming. [read post]
8 Dec 2022, 7:01 am by Reference Staff
Police chiefs and unions typically rush to defend the actions of the officer or officers involved, while many in the community come to their own conclusions about what happened based on their personal experiences and biases.Is it possible that the truth lies somewhere in between? [read post]
8 Dec 2022, 7:00 am by ricelawmd_3p2zve
This is important when cross-examining witnesses who seek to provide testimony in favor of the defendant. [read post]
8 Dec 2022, 6:31 am by The Law Offices of John Day, P.C.
Because the TPPA “does not specifically limit a party’s right to obtain a voluntary nonsuit or otherwise relate specifically to the effect of a voluntary nonsuit,” the Court ruled that it was “not the type of ‘statute’ contemplated by the exception stated in Rule 41.01. [read post]
8 Dec 2022, 6:30 am by Guest Blogger
Within that context, Afro-Latinos asserting discrimination by other Latinos presents a conundrum that does not fit the traditional narrative of US discrimination. [read post]
8 Dec 2022, 6:06 am by Chile Eboe-Osuji
The CAVV does not see the logic of distinguishing between the crime of aggression and other international crimes. [read post]
8 Dec 2022, 5:55 am by Roger Parloff
  While the defendants’ brief does nominally defend Nichols’s interpretation of clause (c)(2), it argues even more forcefully in favor of a different, and inconsistent, interpretation. [read post]
It can simply allege in an indictment that there was a conspiracy and that a charged defendant and an uncharged person joined it, as courts have consistently affirmed that a defendant “can be convicted of a conspiracy with an unnamed person. [read post]
8 Dec 2022, 5:14 am by Pete Strom
  Does a Statute of Limitations Apply to Medical Malpractice Cases? [read post]