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3 Dec 2020, 9:37 am by Jon Sands
The majority opinion does contain a useful overview of the 9th’s conspiracy law, and development. [read post]
2 Oct 2013, 7:30 am by Second Circuit Civil Rights Blog
The Court of Appeals reinstates the case, holding that it does not take a vicious beating to make out an excessive force claim.The case is Phelan v. [read post]
2 Apr 2018, 4:11 pm by Jon Sands
" Does this get the defendant off the hook? [read post]
14 Sep 2017, 10:06 am by Jon Sands
The defendant has to know he is storing something, but the offense does not require a specific aim, particular purpose or achievable objective. [read post]
30 Apr 2021, 3:00 pm by Cross & Smith
Suppose that the defendant-driver slams into your vehicle on the roadway. [read post]
26 Jul 2023, 4:05 am by Howard Friedman
While Defendant is correct that there is a long history of preventing racial discrimination in education, Defendant has not adequately demonstrated that there is a history or tradition of incorporating words with religious connotations to curb racial discrimination. [read post]
2 Dec 2013, 11:17 am by Peter Altieri
He does not appear to be in a position to use his knowledge of the plaintiff’s business operations to harm the plaintiff. [read post]
2 Apr 2024, 4:10 am by Howard Friedman
  The court said in part:The First Amendment does not immunize the Church or the individual defendants from illegal acts that apply equally to everyone, religious or not. [read post]
27 May 2020, 12:42 pm by Jon Sands
  Defendant’s right to a defense. [read post]
23 Aug 2013, 6:58 am by Sheldon Toplitt
Judge Easterbrook's opinion also rejected Pippen's argument that the defendants were liable for not correcting the false information about his financial well-being in online accounts. [read post]
10 Oct 2016, 9:00 pm
During this phase the defendant does very little talking, as a matter of fact they will only state their name and their criminal defense lawyer will do the rest. [read post]
15 Mar 2013, 9:37 am by The Federalist Society
”In an opinion delivered by Justice Thomas, the Court held by a vote of 7-2 that the FDCPA does not conflict with Rule 54(d), and a district court therefore retains discretion to award costs to a prevailing defendant without having to find that the plaintiff brought the case in bad faith and for the purpose of harassment. [read post]
23 Nov 2015, 6:38 am by Docket Navigator
"Defendants ask the Court to invalidate the asserted claims on the basis that they are directed to the abstract idea of 'offering, tracking, and processing discounts'—a concept Defendants contend is a longstanding commercial practice. . . . [read post]
20 Nov 2023, 5:30 pm by Jon Katz
(And progressive does not always mean criminal defense friendly. [read post]
10 Apr 2013, 12:10 pm
  That'd give me a keen sense of how the defendants should be treated.) [read post]
21 Sep 2021, 5:00 am
The jury returned a verdict in favor of the Defendant. [read post]
11 Aug 2020, 10:35 am by Jon Sands
The 9th holds that a resentencing under First Step (crack disparity) does NOT permit a plenary resentencing proceeding in which a defendant’s career status can be reconsidered. [read post]
21 Oct 2022, 12:43 pm by Howard Knopf
Doe#1, 2022 FC 827 (CanLII), https://canlii.ca/t/jpncb Not surprisingly, Voltage has appealed. [read post]
18 Dec 2012, 3:22 pm by Jeff Kosseff
The Fourth Circuit recently ruled that the marital communications privilege does not always apply to email that is sent from a work account. [read post]