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31 Aug 2016, 7:38 am
Steve puts it this way: Is abstention really appropriate when it might be the better part of a decade before the defendant is once again able to raise the basic legal question at issue before an Article III court -- and when, all the while, the defendant, who is facing a potential death sentence, is in limbo as to whether the court trying him even has the power to do so? [read post]
31 Aug 2016, 6:57 am
Not long thereafter, Compton and Jones began arguing again, with Compton threatening, `[I]f you don't leave with me, if you and the babies don't leave with me now, I'm going to burn this mother f* * *er to the ground. . . . [read post]
31 Aug 2016, 4:00 am
See Hinojos, 718 F.3d at 1104 n.3. [read post]
30 Aug 2016, 2:33 pm
Harris Busch, a frequent testifier for plaintiffs, glibly opined about the defendant’s negligence. [read post]
30 Aug 2016, 11:18 am
See Fortyune, 364 F.3d at 1082 (plaintiff must allege that defendants failed “to make a requested reasonable modification that was…necessary to accommodate the plaintiff’s disability”) (emphasis added). [read post]
30 Aug 2016, 9:33 am
While clickwrap agreements that display terms in a scrollbox and require users to click an icon are not necessarily required, see Register.com, 356 F.3d at 403 (an offeree need not specifically assent to certain terms by clicking an ʺI agreeʺ icon so long as the offeree ʺmakes a decision to take the benefit with knowledge of the terms of the offerʺ), they are certainly the easiest method of ensuring that terms are agreed to, see… [read post]
30 Aug 2016, 8:23 am
”) R.C. 2929.13 (F)(6) (A first- or second-degree felony sentence must be mandatory if the defendant “previously was convicted of or pled guilty to” another first- or second-degree felony, or any other equivalent offense.) [read post]
30 Aug 2016, 7:26 am
First, he did not cite any evidence that he would have been allowed to defend himself, or that any defense could possibly have succeeded. [read post]
29 Aug 2016, 2:21 pm
Lynch, 812 F.3d 340, 350 (4th Cir. 2016). [read post]
29 Aug 2016, 10:05 am
The plaintiff alleges the Defendants nonetheless executed the warrant at 4:45 AM. [read post]
29 Aug 2016, 7:04 am
Hallatt, No. 14-35035, 2016 WL 4488009, -- F.3d – (9th Cir. [read post]
29 Aug 2016, 6:52 am
The Protective Order further stated that `[f]or the purpose of this order, harassment includes, but is not limited to, defendant's written, verbal or electronic communication to 3rd parties disparaging petitioner. [read post]
29 Aug 2016, 4:00 am
At least for defendants, there is a process, known as removal. [read post]
28 Aug 2016, 4:47 pm
The Honorable Judge Diarmuid F. [read post]
27 Aug 2016, 10:00 pm
Chrysler Corp., 150 F.3d 1011, 1029 (9th Cir. 1998). [read post]
26 Aug 2016, 12:38 pm
Marnatech, 972 F.2d 552 (9th Cir. 1992) -- around ten times or so. [read post]
26 Aug 2016, 10:40 am
Carrillo, 115 F.3d at 1544. [read post]
26 Aug 2016, 8:01 am
The court granted summary judgment in favor of one of the defendants, Louis ... [read post]
26 Aug 2016, 6:21 am
Valle, 807 F.3d 508 (2015). [read post]
25 Aug 2016, 1:18 pm
D might call E and ask E to connect his call to F. [read post]
