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25 Jun 2007, 5:09 am
Hence, if a complaint is not an initial communication, the service of a complaint upon a defendant does not trigger a duty on the collector/lawyer to serve the debtor with a validation notice. [read post]
19 Aug 2016, 1:09 pm
Food manufacturers received a setback earlier this week, when Judge Thelton Henderson of the Northern District of California ruled that where a consumer identifies a specific class period in which a defendant food manufacturer labeled its products in a deceptive manner, the consumer does not have to allege the specific date he or she purchased the product. [read post]
19 Aug 2016, 1:09 pm
Food manufacturers received a setback earlier this week, when Judge Thelton Henderson of the Northern District of California ruled that where a consumer identifies a specific class period in which a defendant food manufacturer labeled its products in a deceptive manner, the consumer does not have to allege the specific date he or she purchased the product. [read post]
19 Apr 2015, 2:30 am
Where does the case against Ernest Wallace and Carlos Ortiz stand? [read post]
20 Jan 2016, 9:50 am
And so too does the court’s ability to grant her relief. [read post]
2 Jun 2021, 5:01 am
Defendant does provide some details, both in his podcast and guidebook, where cliffs can be found and that cliff jumping is illegal. [read post]
24 Oct 2009, 8:52 am
Merely posting a work online does not relinquish all rights. [read post]
24 Oct 2009, 8:52 am
Merely posting a work online does not relinquish all rights. [read post]
8 Jun 2010, 10:00 am
In Glaziers, the Third Circuit Court of Appeals recognized that if a defendant is found not to be an ERISA fiduciary, there is still “room to argue that any fiduciary duty [the defendant] may have had…arises under state law and does not ‘relate to,’ but only ‘affects and involves' an ERISA plan. [read post]
21 Jul 2010, 2:23 pm
At one end of the spectrum are situations where a defendant clearly does business over the internet. [read post]
25 Jul 2021, 4:27 pm
As such, simply because a patient does not agree with a doctor’s chosen course of care does not mean the doctor should be deemed liable for medical malpractice. [read post]
19 Oct 2010, 6:58 am
It’s my job to appropriately counsel you so that does not happen. [read post]
16 Apr 2018, 6:43 am
Furthermore, R.C. 2949.092 does not establish any standards for trial courts in exercising discretion to waive or not waive costs. [read post]
25 Oct 2010, 5:04 pm
The court must impose the statutory minimum sentence unless the defendant is (a) a first time offender who qualifies for the "Safety Valve" under Guideline Section 5C1.2 (described below), or (b) the government makes a motion for a downward departure based on the defendant's "substantial assistance" under Guideline Section 5K1.1. 5C1.2 Limitation on Applicability of Statutory Minimum Sentences in Certain Cases (a) Except as… [read post]
24 Jan 2010, 6:36 pm
Affidavits from neighbors demonstrated that they complained to the defendant about the dogs and their vicious propensities.The Court recognized that generally a landlord does not owe a duty of care to persons injured from a tenant's dog where the injury occurs off the landlord's property. [read post]
30 May 2023, 4:28 am
A Simple, Hassle-Free, and Affordable Solution The post Uncontested Divorce – How Much Does It Cost in the UK? [read post]
7 Mar 2012, 4:26 pm
The offense of leaving the scene of an incident without reporting, however, necessarily arises because the offender does not stop, inquire or ascertain whether injury resulted from his operation of a motor vehicle. [read post]
23 Feb 2014, 2:52 pm
The report defendant now refers to as material does not mention defendant. [read post]
8 Mar 2007, 7:49 am
Wills (discussed here), the Second Circuit stated that "the plain language of 3553(a)(6) does not on its face restrict the kinds of disparity a court may consider" -- such as the disparity between the sentences imposed on co-defendants -- and that "[w]e do not, as a general matter, object to district courts' consideration of similarities and differences among co-defendants when imposing a sentence. [read post]
27 Oct 2011, 9:32 am
Category was irrelevant after guilt is determined, since language of 3.220 does not prohibit rule's application to sentencing hearings, and new evidentiary issues may arise at sentencing. [read post]
