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2 Oct 2015, 6:52 am
Despite the thoroughness of [the magistrate judge's] analysis, the Report does not expressly state a conclusion on three important points. [read post]
19 Sep 2014, 9:10 am
"The piece does a good job of responding to other arguments against GMO crops as well, but that was the line that struck me, hence the title of this post. [read post]
20 Sep 2018, 7:18 am
A jury awarded the man $2.3 million, but the Fifth Circuit threw that out, insisting the state did no wrong because the prosecutor had no obligation to inform the defendant at the time he pled that the government was in possession of video showing he was innocent.FWIW, in state-court cases in Texas, the Michael Morton Act now does require prosecutors to disclose exculpatory evidence if the defense requests it, even in the pretrial phase of the prosecution. [read post]
21 Jul 2021, 8:36 am
" Fair use as an affirmative defense is relatively ingrained into modern U.S. copyright law, even though the Copyright Act does not use this label. [read post]
22 Jun 2015, 8:09 am
We conclude that the discovery order does not constitute a final judgment and, accordingly, we affirm the judgment of the Appellate Court. [read post]
14 Jul 2016, 4:04 pm
This renders the sentence "illegal," and therefore the waiver in his plea agreement does not bar this appeal. [read post]
8 May 2014, 1:42 pm
Is it still wire fraud if a person uses false statements to obtain property but does not actually defraud the other party out of money? [read post]
22 May 2015, 8:23 am
The defendant petitioned the Superior Court to stay the DLSE proceedings and compel arbitration. [read post]
28 Aug 2023, 8:51 pm
By the way, the applicable law in Virginia makes clear that there is no lawyer choice with court-appointed nor public defender attorneys, so long as one is assigned to an indigent defendant. [read post]
9 Jun 2015, 6:46 am
[T]hat Plaintiff might appeal the [other] court’s decision does not affect whether collateral estoppel applies. [read post]
16 Jun 2014, 10:35 pm
This is known as double jeopardy, yet it does not forbid additional punishment for separate offenses which have been deemed to warrant separate sanctions. [read post]
3 Apr 2018, 4:05 am
The monument was placed on Dewey Hill, a sand dune that defendant owned on the Grand River. [read post]
9 Aug 2024, 1:32 pm
First is the risk that the prosecutor will back out from the deal before a judge accepts the agreement, or that the prosecutor will threaten to walk away from the deal if the defendant does not agree to an amendment thereto. [read post]
11 Jun 2008, 7:48 pm
But nowhere in Lawrence does the Court describe the right at issue in that case as a fundamental right or a fundamental liberty interest. [read post]
9 Jul 2014, 8:21 am
The defendant argued, and the court of appeals acknowledged, that New Jersey “does not use the term ‘felony. [read post]
4 Mar 2015, 6:46 pm
It does not translate into a permanent income execution. [read post]
26 Apr 2017, 7:40 am
Mishra cannot testify that it does. [read post]
13 Jul 2017, 10:38 am
Defendants and for Plaintiffs McMath et al. [read post]
2 Apr 2014, 11:29 pm
Since Concepcion does not disturb “the Supreme Court’s repeated holdings” that the FAA does not require enforcement of agreements preventing effective vindication of statutory rights, Concepcion has no impact on Gentry. [read post]
8 Feb 2012, 7:11 am
Moreover, a manufacturer does not have an obligation to warn of the dangers of another manufacturer’s product. [read post]
