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15 Aug 2016, 11:12 am by Andrea DeField
” Altman sued C&F for breach of the insurance contract and also sought a declaration that the insurer owed duties to defend and indemnify the Chapter 558 notices. [read post]
15 Aug 2016, 10:51 am by Arthur F. Coon
In early 2013, defendant City of San Jose proposed and approved a project to demolish the city-owned Willow Glen Railroad Trestle – a wooden railroad bridge originally built in 1922 to provide “rail freight” access to downtown “canning districts” – and replace it with a new steel truss pedestrian bridge as a component of the City’s Three Creek’s Trail system. [read post]
15 Aug 2016, 8:34 am
After reporting what happened to campus police, Banks placed signs around her dorm building announcing a `missing Mac laptop,’ providing her phone number, and stating that the `[f]inder will be graciously compensated. [read post]
15 Aug 2016, 7:22 am by Schachtman
(citing In re Salem, 465 F.3d 767, 777 (7th Cir. 2006)). [read post]
14 Aug 2016, 10:01 pm by Barry Barnett
Circuit colleagues vacated class certification in a high-profile antitrust case, In re Rail Freight Fuel Surcharge Antitrust Litig., 725 F.3d 244 (D.C. [read post]
12 Aug 2016, 12:08 pm by Kenneth E. Rechtoris
  The settlement agreement also authorized class counsel to request that the district court award it $370,000 in attorneys’ fees (for less than a month’s work), without opposition from defendants. [read post]
12 Aug 2016, 12:04 pm by The Blog Team
Castro-Ponce, 770 F.3d 819 (9th Cir. 2014), that the enhancement may not be applied unless the district court expressly finds that: (1) the defendant gave false testimony, (2) on a material matter, (3) with willful intent. [read post]
12 Aug 2016, 8:25 am by MBettman
N.L.R.B., 673 F.2d 1 (1st Cir. 1982) (Venue was improper because “[w]hether a defendant has transacted business is largely a factual question to be determined in each case. [read post]
11 Aug 2016, 2:28 pm by Donna Brady
With these coverages, the transportation agency may recover a variety of expenses associated with the identified cyber and technology risks, including the cost of notifying persons whose information is disclosed, the cost of providing credit monitoring services, the cost of defending claims by state regulators, fines and penalties, losses resulting from identity theft, property exposure from business interruption, costs associated with data loss and destruction, fraud, funds transfer… [read post]
11 Aug 2016, 2:28 pm by Donna Brady
With these coverages, the transportation agency may recover a variety of expenses associated with the identified cyber and technology risks, including the cost of notifying persons whose information is disclosed, the cost of providing credit monitoring services, the cost of defending claims by state regulators, fines and penalties, losses resulting from identity theft, property exposure from business interruption, costs associated with data loss and destruction, fraud, funds transfer… [read post]
11 Aug 2016, 1:57 pm by Jamie Markham
Murphy, 326 F.3d 501 (4th Cir. 2003) (holding, under federal law, that the defendant’s outburst in which he called the judge a “stinky mother fucker,” a “mother fucker,” and gave the judge the finger was one contempt offense, not three). [read post]
11 Aug 2016, 1:57 pm by Jamie Markham
Murphy, 326 F.3d 501 (4th Cir. 2003) (holding, under federal law, that the defendant’s outburst in which he called the judge a “stinky mother fucker,” a “mother fucker,” and gave the judge the finger was one contempt offense, not three). [read post]
11 Aug 2016, 9:43 am by Lawrence Taylor
North Carolina General Statutes require, ‘‘[f]or the services of’’ the state or local crime lab, that judges in criminal cases assess a $600 fee to be charged ‘‘upon conviction’’ and remitted to the law enforcement agency containing the lab whenever that lab ‘‘performed DNA analysis of the crime, tests of bodily fluids of the defendant for the presence of alcohol or controlled substances, or analysis of any controlled… [read post]
10 Aug 2016, 9:01 pm by Neil H. Buchanan
He is, after all, the nominee for a party that has railed against the “takers” who have “no skin in the game”—the party whose 2012 presidential nominee disparaged the 47 percent of people who paid no federal income taxes during the worst year of the Great Recession.That everyone pays state and local taxes, federal payroll taxes, and so on, never deterred Republicans from focusing on those whose incomes were too low to pay federal income taxes at a time when the… [read post]
10 Aug 2016, 4:11 pm by Michael Lowe
Working with the Dallas Police Department and DPS (the Texas Department of Public Safety), these defendants were allegedly involved in a drug business operating in Dallas County. [read post]
9 Aug 2016, 8:10 am
A defendant can lodge this challenge even if his or her conduct is not protected speech. [read post]