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30 May 2018, 7:17 am
However, the Court does take note of the withheld data for purposes of the totality-of-the-circumstances inquiry. . . . [read post]
16 Aug 2013, 10:09 am
"[A]lthough the entire market value rule does not apply on the facts of this case, the concerns that motivate the doctrine nonetheless speak to whether the Jury's damages award was appropriate. [read post]
2 Jan 2014, 11:40 am
This does not, as Plaintiff portends, require Plaintiff to provide early in this litigation 'the identification of specific routines and data when the source code is solely in the possession of the defendant.' . . . [read post]
3 Jun 2019, 3:43 pm
The government has discretion to ship its citizens to foreign countries so long as a treaty does not forbid it. [read post]
11 Aug 2023, 2:15 pm
” This decision protects healthcare defends who should not be forced to defend actions-at great financial and reputational costs-brought on behalf of the government that the DOJ does not think should proceed. [read post]
7 Feb 2024, 5:00 am
As such, the court found that the Defendant did not owe the Plaintiff any duty under the open and obvious doctrine. [read post]
19 Dec 2016, 7:46 am
[His] resume does not reflect any industry experience. [read post]
3 Jan 2014, 1:47 pm
The defendant never objected to what the court did. [read post]
8 Jan 2021, 10:04 am
” Defendant-appellant Sassine Razzouk pleaded guilty to one count …The post Second Circuit rejects application of the categorical approach for determining an “offense against property” under the MVRA. appeared first on Federal Defenders of New York Blog. [read post]
22 Dec 2013, 12:16 pm
It does not have to be money. [read post]
11 Jun 2013, 12:05 pm
Rule 37 does not call for the 'striking' of discovery materials; it only limits their future use as evidence. . . . [read post]
29 Oct 2015, 6:49 am
The court denied defendant's motion for summary judgment that plaintiffs' mobile device data monitoring patent was invalid for lack of patentable subject matter because defendant did not establish that the claims were directed to an abstract idea. [read post]
14 Jun 2019, 11:59 am
United States, decided on June 10, 2019, a unanimous Supreme Court held that “remaining-in” burglary qualifies as a crime of violence for ACCA purposes even if the defendant does not form the intent to commit a crime in the building or structure until sometime after the unlawful remaining commences. [read post]
8 Jan 2016, 6:37 am
Plaintiffs-Appellants Larry and Vickie Askins filed a citizen suit alleging that Defendants-Appellees U.S. [read post]
27 Jun 2013, 10:15 am
We intervened in these suits on behalf of the International Fund for Animal Welfare, Defenders of Wildlife, and the Humane Society of the United States, in order to defend the FWS’s determinations. [read post]
7 Feb 2019, 4:00 am
But the Constitution does not tolerate the way Defendants chose to enforce the Human Rights Policy. [read post]
13 Apr 2016, 5:09 pm
The Supreme Court of Montana affirmed Betterman’s conviction and sentence, holding that the constitutional right to a speedy trial does not extend from conviction to sentencing. [read post]
20 Feb 2016, 5:28 pm
"....The court explained:Aside from the fact that the conduct Defendant claims to be protected is not the conduct for which he was tried and convicted, the Court finds the federal statute at issue does not unconstitutionally encroach upon his First Amendment rights....The Court finds that the statute at issue is a neutral law of general applicability and thus, it is reviewed for a rational basis.... [read post]
19 Jun 2020, 3:42 pm
(And the language of the Virginia governor's mask-wearing order does not cover courthouses, and even if it did, separation of powers and Constitutional rights trumps any gubernatorial order for witnesses and jurors to wear masks.) [read post]
24 Apr 2014, 7:14 am
"[Plaintiff's expert] does not even attempt to compare the [patent-in-suit] to the agreements that he asserts establish a baseline royalty rate for that patent. . . . [read post]
