Search for: "In Re Amendments to Rules of Civil Procedure"
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25 Dec 2015, 12:08 pm
An appellate panel ruled that it will not rule on the Fourth Amendment issues arising from tapping into Internet cables even though the government admitted doing so, but will instead wait for the lower court to complete its examination of the entire case before considering an appellate review. [read post]
8 Sep 2010, 5:07 pm
LEGAL TEST FOR INTERVENTION: Intervention as a matter of right is governed by Rule 24(a) of the Federal Rules of Civil Procedure, which states in relevant part: "On timely motion, the court must permit anyone to intervene who: (1) is given an unconditional right to intervene by a federal statute; or (2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a… [read post]
28 Feb 2023, 3:31 pm
" In re Knight Publ. [read post]
18 Jul 2021, 9:01 pm
Under the approach adopted first by a plurality in the 1989 Teague decision and later accepted by the full Court, new rules applied on habeas corpus if they announced a new substantive rule of law (for example, that the conduct punished by the statute is constitutionally protected) or if they recognized a watershed procedural rule. [read post]
31 Dec 2021, 4:12 pm
The court dismissed the case on procedural grounds. [read post]
3 Dec 2015, 12:25 pm
Both cases involve the theory of implied false certification under the False Claims Act, and Triple Canopy also asks whether Federal Rule of Civil Procedure 9(b)’s requirement of pleading fraud with particularity obliges a plaintiff to plead actual reliance by the government on the alleged false statement. [read post]
11 May 2007, 7:31 am
Plaintiffs now seek to voluntarily dismiss all of the class action allegations of their complaint, and request remand of the remaining claims to state court.As an initial matter, Defendants argue that Plaintiffs improperly employ Federal Rule of Civil Procedure 41(a)(2) for voluntary dismissal of specific claims, when what they in fact seek to do is amend their complaint. [read post]
12 Aug 2013, 11:34 am
“[B]ecause the subpoena at issue unnecessarily demands documents that are irrelevant to the grand jury inquiry,” Mukasey concluded, “it is unreasonably broad under Federal Rule of Criminal Procedure 17(c). [read post]
19 Mar 2010, 11:23 am
Irrespective of the profession of the intended deponent, discovery even of relevant evidence is subject to the balancing calculus, articulated in Rule 26 of the Federal Rules of Civil Procedure, that measures value against burden. [read post]
20 May 2008, 4:21 am
And so it seems like a good time to re-post this article. [read post]
23 Aug 2010, 4:15 am
(Here's the First Amended Complaint; the Second Amended Complaint was, I believe, sealed). [read post]
21 Mar 2010, 6:11 am
Civil Code 1363.05. [read post]
28 May 2011, 6:59 pm
RULING RE: CLAIM FOUR: The Federal Defendants also move for dismissal of Claim Four, in part. [read post]
16 Mar 2018, 12:30 pm
Civil Procedure Exam Question: California Highway Patrolman punches septuagenarian in the stomach during a traffic stop, and jury returns a special verdict finding excessive force. [read post]
9 Mar 2007, 12:53 am
Report run on 3/9/3007
Categories Included: Corrections, Criminal Procedure Law, Death Penalty, Judiciary Law and Penal Law. [read post]
8 Nov 2022, 5:03 am
The challenge is brought under the First and Fourteenth Amendments as well as the Materiality Provision of the Civil Rights Act. [read post]
10 Sep 2010, 7:12 pm
the rules of evidence! [read post]
16 Nov 2009, 2:25 am
Although this is the general rule, specific criminal procedure varies by state. [read post]
17 Feb 2014, 6:38 am
[Citation for Ricoh: In re Ricoh Co., Ltd. [read post]
27 May 2022, 10:12 am
As previously mentioned, the procedural and substanti [read post]
