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4 Feb 2017, 5:08 am
United States, 308 F.2d 140, 141 (5th Cir. 1962) announced the principle that an accused is entitled to a new trial where counsel for a co-defendant brings to the attention of the jury the fact that the accused did not testify. [read post]
1 Jun 2016, 4:47 am
By Rodney F. [read post]
4 Nov 2013, 6:52 am
Courts are permitting defendants more frequently to offer expert testimony in opposition to class certification. [read post]
10 Mar 2020, 6:16 am
Mystic Transportation, 202 F.3d 129 (2d Cir. 2000), for this proposition, seemingly setting aside (for the moment) the pretext-plus formulation that sometimes informs these cases, as per the Court's en banc ruling in Fisher v. [read post]
2 Apr 2013, 9:41 am
Here's how the Second Circuit wraps up that issue:Barrows testified that, as required by the defendant’s anti-harassment policy, he complained to his supervisors about Sanabria’s conduct on multiple occasions. [read post]
14 May 2013, 7:22 am
To find out what happened in this case, read the district court ruling, at 862 F. [read post]
18 Jun 2013, 3:37 am
Southwestern Bell Mobile Sys., Inc., 323 F.3d 32, 40 (1st Cir. 2003) ("The individuation of damages in consumer class actions is rarely determinative under Rule 23(b)(3). [read post]
19 Nov 2020, 3:18 pm
Vectura, 397 F. [read post]
12 Aug 2020, 11:46 am
By Rodney F. [read post]
22 Feb 2021, 6:33 am
Byrne, 658 F.3d 225 (2d Cir. 2011), that summary orders cannot be cited in support of a qualified immunity argument. [read post]
10 Oct 2014, 5:41 am
., 745 F.3d 694 (4th Cir. 2014), an extremely important False Claims Act (“FCA”) decision for the defense-side's effort to prevent the FCA from being converted into an improper private enforcement mechanism for the FDCA.We’ve got more news. [read post]
14 Oct 2022, 6:22 am
Virginia Squires Basketball, 468 F.2d 1064 (2d Cir. 1972), the Second Circuit said the FAA exclusion is limited to workers involved in the transportation industry. [read post]
12 Apr 2023, 6:13 am
Murray, 451 F.3d 71 (2d Cir. 2006). [read post]
22 Jul 2020, 6:58 am
Oh man, is this a big win for the defendant. [read post]
21 Apr 2016, 6:01 am
Estee Lauder Cos., 797 F.3d 1248 (11th Cir. 2015), held that a claim of contributory false advertising could be maintained under the Lanham Act, the plaintiff has to show that the relevant defendant “contributed to that conduct either by knowingly inducing or causing the conduct, or by materially participating in it. [read post]
9 Jul 2015, 11:31 am
Kwan, 407 F.3d 1005 (9th Cir. 2005), which held that affirmatively incorrect advise about immigration consequences of a guilty plea made a viable IAC claim. [read post]
23 Aug 2018, 6:30 am
Lowery, 15 F. [read post]
23 Apr 2019, 10:24 am
" The commentary advises this enhancement applies "regardless of whether the defendant knew or had reason to believe that the firearm was stolen or had an altered or obliterated serial number. [read post]
3 Aug 2016, 10:32 am
Abercrombie & Fitch Trading Co., 633 F.3d 1158, 1172 (9th Cir. 2011). [read post]
14 Dec 2009, 8:05 pm
The City of New York, ___ F.3d ___, 2009 WL 4576113, *1 (2d Cir. [read post]
