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28 Feb 2007, 12:27 am
Trott would find that collateral estoppel does not bar trial because the presence of the defendant at the deportation hearing was not at issue in the 1326 case. [read post]
13 Apr 2016, 6:03 am
However, after the jury found in favor of the defendant, the decision was vacated due to the defendant’s concealment of past traffic tickets. [read post]
29 Nov 2007, 2:54 am
Does he know of areas that should have been searched that weren't? [read post]
30 Apr 2012, 4:11 am
They also require that the defendant either actually be aware of the dangerous condition or that the condition was there long enough that the defendant reasonably could be expected to discover it. [read post]
5 Oct 2011, 5:37 am
A trial court in Kentucky has denied the defendant's Motion to Dismiss in US v Alwan, W.D. [read post]
11 Jun 2014, 2:24 pm
The court file does not indicate that such motions were made nor the nature of the motions to be made. [read post]
4 Dec 2006, 6:49 am
Booker does not authorize this. [read post]
14 Mar 2018, 2:00 am
What does the Defend Trade Secrets Act mean for employers? [read post]
8 Apr 2024, 4:10 am
[See prior posting.]Three months after the court refused to dismiss the suit, HHS issued a revised Guidance which explicitly provided that the Guidance does not require pharmacies to fill prescriptions for the purpose of abortions. [read post]
30 Apr 2013, 8:30 am
Buckland does not control.Congratulations to Deputy Federal Defender Devin Burnstein, Federal Defenders of San Diego, for putting up a fight and winning issues.Jamerson v. [read post]
29 Sep 2021, 9:10 am
For comparison, “the right to retain counsel does not require the release of frozen assets so that a civil defendant can hire an attorney or otherwise defend his claim. [read post]
6 Sep 2013, 11:07 am
Everyone has heard the term "hung jury", but what exactly does it mean? [read post]
11 May 2022, 1:14 pm
Defendant Did Not Have Control or Access to Drugs A person does not have to have drugs on his or her person to be charged with drug possession. [read post]
10 Jun 2013, 8:15 am
Unfortunately, however, the Court found that the defendants had failed to preserve the argument that a "loss of a chance" charge should not be given on the ground that New York does not recognize that doctrine. [read post]
21 Dec 2015, 12:10 pm
Plaintiffs had gotten an injunction against defendants, on the grounds that the defendants had libeled the plaintiffs. [read post]
11 May 2020, 4:15 am
Accordingly, taking all facts set forth in the Complaint as true, Plaintiffs have set forth sufficient allegations that Defendants’ actions had the primary effect of advancing and endorsing religion and, thereby, violate the Lemon test and the requirements of the Establishment Clause. ....Contrary to Defendants’ argument, the Supreme Court has long recognized that the Constitution does not permit “a system of government in which important, discretionary… [read post]
13 Mar 2016, 2:37 pm
Ahmed (with 3 named defendants) and People v. [read post]
18 Dec 2014, 3:06 am
According to the Court, though, “counsel’s ignorance of the law or Rules does not justify Rule 60 relief. [read post]
16 Jun 2022, 8:49 am
“The presence or absence of a price premium attributable to a defendant’s alleged deception is objective and does not depend on whether a plaintiff could have or would have, in fact, purchased a lower-priced, truthfully marketed alternative. [read post]
10 Jun 2013, 8:15 am
Unfortunately, however, the Court found that the defendants had failed to preserve the argument that a "loss of a chance" charge should not be given on the ground that New York does not recognize that doctrine. [read post]
