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22 Apr 2015, 1:22 pm
While the Court recognizes that genuinely defamatory speech does not have absolute constitutional protection, the relief requested by Defendant[] goes far beyond protecting it against defamatory statements or communications by Plaintiffs and, effectively, asks the Court to insert itself into Defendant's upcoming Board elections as a referee. [read post]
17 Aug 2016, 1:11 pm
Plaintiff asks the Indiana federal court to declare that its use of the term does not infringe on the trademark rights in "Square Donuts" asserted by Defendant. [read post]
17 Feb 2015, 6:46 am
This is a higher standard of proof, making it easier for defendants to win. [read post]
Resort Rental Company Sailed Away to Federal Court Because Plaintiff Failed to Consider CAFA Removal
22 Dec 2008, 12:30 pm
The plaintiff moved to remand on the ground that the $5,000,000 aggregate amount in controversy had not been established because the number of calls alleged by the defendant does nothing to show whether those calls were made to potential class members in this case. [read post]
19 Mar 2010, 12:23 pm
The opinion does cite a line of cases where being just near or around weapons or drugs without a tie has been deemed insufficient. [read post]
30 Aug 2009, 11:49 pm
Incorporating all evidence it has previously cited in support of its 104 summary judgment issues does not comply with the spirit or the letter of the rule. [read post]
14 Jul 2020, 7:12 am
If a defendant does not meet its burden, however, the plaintiff’s claims will not be dismissed despite the strength of the plaintiff’s evidence in opposition to a motion for dismissal, as shown in a recent podiatry malpractice case. [read post]
12 Jul 2007, 4:45 pm
Bondo does two things. [read post]
15 Sep 2009, 10:29 pm
Here's the problem: You go to court on a third degree felony or a misdemeanor case and the state makes an offer and the attorney asks the court to make a lower offer and the court declines because if the court makes an offer and it is rejected and then the case goes to trial, the judge can't sentence the defendant to anything higher because if s/he does it is a vindictive sentence. [read post]
21 Jul 2016, 8:00 am
” As the defendant corporate adequately identified these non-attorney employee emails on its privilege log, the privilege applied. [read post]
21 Jul 2016, 8:00 am
” As the defendant corporate adequately identified these non-attorney employee emails on its privilege log, the privilege applied. [read post]
17 Sep 2010, 2:26 am
Defendant failed in a Franks challenge to show a knowing or reckless falsity. [read post]
12 Mar 2014, 5:34 pm
Although the record does not tell whether during the three years of their life together a child was born of the marriage, it does appear that the decedent was pregnant at the time of her death and that her pregnancy was not accompanied by unusual illness. [read post]
23 Sep 2022, 5:30 am
Issue: Does the doctrine of laches apply, barring Plaintiff’s damages? [read post]
28 Jun 2024, 8:40 am
What does the Supreme Court’s decision in Fischer v. [read post]
31 Aug 2007, 10:21 am
While courts generally hold that "[a]n attorney's inadvertence, neglect, mistake or misplaced reliance does not constitute good cause for the purposes of the Rule 4(m)," see, e.g., Howard v. [read post]
8 Jan 2009, 5:49 am
A traffic stop does not require a Miranda warning under Berkemer. [read post]
27 Jul 2009, 4:40 am
We do not belabor the Ninth Circuit’s holding that “Rule 23 does not preclude a defendant from bringing a ‘preemptive’ motion to deny certification. [read post]
22 Oct 2020, 3:30 am
Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. [read post]
1 Apr 2020, 8:03 am
He argued that the defendant was joking and the photo did not specifically threaten the victim in any case. [read post]
