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1 Jul 2011, 9:03 am
So where does this leave us? [read post]
30 May 2011, 2:21 pm
On appeal, Defendant's court-appointed counsel stated in the opening brief that he is providing ineffective assistance of counsel on appeal as he "is incapable of properly asserting the 'Hawaiian Sovereignty' Defenses of the Defendant, since he does not agree with the Defendant's political position[.] [read post]
21 Jan 2021, 11:58 am
Those who claim to be victims of Biden’s affirmation of these legal protections are really angry about legal rules that were drafted by Congress decades ago and affirmed by the Supreme Court in June.What yesterday’s order does mean, though, is that this administration is prepared to vigorously defend and enforce the legal protections that LGBTQ people enjoy under federal law. [read post]
1 Jul 2022, 8:56 pm
The Chartiers counterclaimed, seeking injunctive relief and naming the city as a third-party defendant. [read post]
22 Jan 2018, 3:00 am
In this action, while denying the plaintiffs’ motion to remand, a district court in Puerto Rico found that the “local controversy” exception to CAFA does not apply if the defendants engaged in conduct that could be alleged to have injured consumers throughout the country, or broadly throughout several states, even if it was filed as a single-state class action. [read post]
12 Jun 2007, 12:57 pm
By Eric Goldman Doe v. [read post]
10 Aug 2021, 5:00 am
For example, questions have arisen as to whether an innocent plaintiff, such as an innocent guest passenger plaintiff involved in a car accident, or a medical malpractice plaintiff injured as a result of treatment, may assert that the Fair Share Act does not apply to their case such that they should be able to recover the entire verdict against any responsible defendant, even if that defendant is only found to be 1% responsible. [read post]
24 Dec 2014, 9:02 am
However, this alternation to the process does not serve as a ground for granting summary judgment, especially when, as is true in the current case, the bankruptcy trustee makes no sworn statement that he or she does not intend to pursue a bad-faith action in the event that liability is ascertained beyond the insurance policy limits. [read post]
24 Jun 2011, 9:57 am
By contrast, Defendant Doudna today does the opposite, focuising only on the jurisdictional question, and not the merits (or lack thereof). [read post]
12 Jan 2013, 6:33 am
But in Salinas they ruled that pre-arrest silence could be used for impeachment purposes.So what does that really mean in practice? [read post]
17 Nov 2013, 10:32 am
The phrase "as a part of", according to the court, is "conclusory, vague, and ambiguous" as it does not provide sufficient detail as to how the defendant "assisted with the actual sale." [read post]
26 Aug 2016, 1:43 pm
The Court believed that this argument misstated precedent and explained that, at least for purposes of the Fourth Circuit, Jones does not require pleading of comparable fund fees to state a viable claim. [read post]
13 Jun 2014, 2:24 pm
Therefore, the People's failure to charge the Grand Jury specifically in the language of Ryan does not require either dismissal of the indictment or reduction of the aggregate weight charge. [read post]
21 Nov 2013, 3:43 pm
The Court adopted the totality of the factors listed by the circuit court to conclude that the defendant is a contractor, not a public utility: (1) the Village retained ownership of the water facility and infrastructure; (2) the Village had been recognized by the Illinois Environmental Protection Agency for its compliance with the Fluoridation Act; (3) the Village has not contracted all of its responsibilities to the defendant; (4) the defendant does not directly… [read post]
10 Jun 2014, 2:41 pm
Therefore, the People's failure to charge the Grand Jury specifically in the language of Ryan does not require either dismissal of the indictment or reduction of the aggregate weight charge. [read post]
23 Jun 2015, 4:30 am
In order to recieve a CWOF, a defendant does not plead guilty. [read post]
17 Jun 2014, 4:22 pm
The judge directed the jury that the fact that he was convicted of driving while impaired does not mean that he had a propensity to drive while under the influence of alcohol and the prior conviction was only to be considered with respect to the defendant’s knowledge of his suspension. [read post]
27 Sep 2016, 11:59 am
” In the Neovi case, the defendant Qchex had an online check-creation tool that fraudsters used to create and send bogus checks. [read post]
10 Jul 2017, 8:00 am
The defendant Dr. [read post]
15 Mar 2012, 5:00 am
So we know that $376,733 does not raise concern about a director becoming beholden. [read post]
