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19 Apr 2013, 5:00 am
The court applied Twombly (Iqbalhad not yet been decided) in determining whether the plaintiff had committed fraudulent joinder:Simply stated, the Complaint does not allege a plausible basis for relief against [the non-diverse defendant]. [read post]
14 Jan 2013, 8:39 am
Yet,[t]he State is foreclosed from shifting the burden of proof to the defendant only when an affirmative defense does negate an element of the crime. [read post]
9 Jan 2015, 10:47 am
As part of a broad coalition of animal protection organizations, the Animal Legal Defense Fund played an integral role in helping defend the law as the litigation proceeded, submitting amicus curiae (friend of the court) briefs at several stages. [read post]
10 Mar 2011, 12:21 pm
First, in both the federal and state court systems, every defendant has the right to move for summary judgment. [read post]
15 Nov 2012, 8:03 am
A great number of the motorists who have received a ticket for texting and driving defend themselves by saying they were dialing a phone number, which is perfectly legal. [read post]
16 Jun 2010, 4:20 pm
With the help of a Southern California DUI attorney who will strategically defend your case during your DMV hearing and in court, it is possible to avoid revocation of your driving privileges, even if it comes in the form of a restricted license. [read post]
30 Jul 2015, 9:58 pm
That the officers’ suspicions that the defendant might have been carrying contraband does not matter. [read post]
30 Jul 2015, 9:58 pm
That the officers’ suspicions that the defendant might have been carrying contraband does not matter. [read post]
18 Aug 2011, 5:16 am
In August 2009 she received a job offer from a new employer, Science Applications (aka Defendant in this case). [read post]
27 Dec 2012, 4:04 am
Criminal forfeiture is when the government is allowed to seize someone’s property as part of a convicted defendant’s sentence. [read post]
2 Feb 2012, 5:52 pm
For additional information please see: http://www.washingtonpost.com/business/economy/google-moves-to-integrate-user-data-across-services/2012/01/24/gIQAmv8GOQ_gallery.html#photo=1 http://latimesblogs.latimes.com/technology/2012/01/google-defends-new-privacy-policy-to-congress.html - Samantha C. [read post]
18 Nov 2013, 4:15 am
In my view, having defended broker-dealers and registered representatives for many years, the answer is a resounding yes. [read post]
29 Nov 2021, 3:33 pm
Now, Mississippi’s attorney general is defending the constitutionality of her state’s law banning most abortions after 15 weeks. [read post]
1 Feb 2012, 10:06 am
On the other hand, the decision does not touch on whether the GPS monitoring of a vehicle violates an individual's "reasonable expectation of privacy. [read post]
29 Jan 2023, 12:57 pm
In some DUI cases, though, the judge or jury will issue a verdict that does not align with the evidence. [read post]
21 Apr 2011, 4:20 am
Courts in numerous jurisdictions have held that a defendant does not have a reasonable expectation of privacy in an emergency, operation, or—directly on point—trauma room that the defendant shares with other patients and in which medical staff administers critical treatment. [read post]
16 Nov 2011, 4:24 am
This occurs when the injured person’s carries an amount of SUM insurance greater than the insurance carried by the defendant and the defendant’s entire policy is exhausted. [read post]
27 May 2021, 12:31 pm
The common law does not stand still; it is designed to be dynamic and fit for purpose. [read post]
28 Jan 2021, 8:00 am
The defendants disputed that Doe had suffered at TBI, arguing that he had struggled in school due to a learning disability. [read post]
19 Jul 2017, 3:49 pm
They are part of the prosecution of a criminal defendant. [read post]
