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19 Jul 2012, 12:42 pm by David M. Trontz
The code does not permit county employees from recommending the services of any particular lawyer. [read post]
1 Mar 2018, 7:03 am by MBettman
United States, 391 U.S. 1(1968) (Defendant was convicted through the testimony of an IRS agent, attained while the defendant was incarcerated for another crime. [read post]
  It stated: Section 1794 contains no language limiting fee awards to sellers as opposed to any other parties against whom a buyer has prevailed….It provides for fees against any losing defendant who chose to oppose a consumer’s claim. [read post]
9 Jun 2014, 7:00 am by Kenneth J. Vanko
A non-compete defendant is in no such similar position.As a result, bankruptcy looms as a potential "option" for defendants in a good percentage of non-compete cases. [read post]
22 Jul 2013, 12:06 pm by David Oscar Markus
  Build more prisons even though it costs more to put someone in prison than it does to supervise him. [read post]
12 Jun 2014, 5:53 am
The judge can consider other factors that would impact the fairness of a prosecution and the ability of the lawyer to effectively represent his/her client.If after an examination by forensic psychologists, it is the opinion of the experts and the defense attorney that the defendant does not meet the minimum competency standards, then the judge must rule on the motion to stay the proceedings due to incompetency. [read post]
10 Jun 2013, 11:01 am
It was 11 p.m. and the defendant was running errands, as he often does while his wife is at work. [read post]
12 Nov 2020, 3:01 pm
  What the PLF does here is little different than that.Hopefully they'll change it. [read post]
20 Jul 2021, 2:02 pm
These types of delays can cause the wheels of justice to turn very slowly for a defendant, but how does it affect a defendant’s constitutional right to a speedy trial? [read post]
19 Dec 2018, 5:00 am by Daniel E. Cummins
   With regards to the Preliminary Objections to the vicarious liability claim, the court addressed various appellate decisions which have repeatedly held that a plaintiff's failure to identify the Defendant’s agents by name, or the designation of those individuals as a unit, does not justify striking agent allegations in a Complaint. [read post]
4 May 2015, 2:54 pm
RN, the Bronx County court determined that the work performed fell within the scope of Labor Law § 240(1), and the evidence presented at the indemnification trial regarding York's actions does not give rise to any new facts as regards the accident. [read post]
16 Mar 2015, 1:36 pm
Smelling like alcohol may be evidence that a person has had alcohol to drink, but it does not mean that person is impaired. [read post]
31 Jul 2015, 11:21 am by Jon Sands
  The court has to inquire about the clarity of mental reasoning but the court does not necessarily have to hold a hearing, nor inquire specifically into the extent drugs or dosages. [read post]
10 May 2017, 7:59 am
Yet it does not mitigate the strict liability standard for people caught driving with any amount of marijuana or other illegal drug in their blood or urine. [read post]
27 Apr 2020, 4:19 am
Welch.INTRODUCTIONOn April 23, 2020, the Supreme Court held that the federal Trademark Act (the Lanham Act) does not require that a plaintiff show that an accused infringer “willfully” infringed in order for a court to make an award of defendant’s profits .BACKGROUNDSection 32 of the Lanham Act (15 U.S.C. [read post]