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20 Feb 2017, 9:29 am
Quoting Wilson, the court held: “Admission by defense counsel of an element of a crime charged, while still maintaining the defendant’s innocence, does not necessarily amount to a Harbison error. [read post]
21 Feb 2019, 4:01 pm
What does the decision mean for North Carolina? [read post]
28 Dec 2009, 11:32 am
There are, certainly, external factors effecting whether a case settles: Does the defendant demand confidentiality? [read post]
16 Oct 2020, 5:01 am
The Court notes that the consumption of alcohol at a party does not vitiate journalistic intent. [read post]
13 Sep 2017, 6:29 am
The Court of Appeals (Walker, Hall and Chin) says:A plaintiff’s right of access to courts is not violated when, as here, a state’s long‐arm statute does not provide for jurisdiction over certain out‐of‐state defendants. [read post]
5 Jun 2014, 12:00 am
Notably, the Defend Trade Secrets Act states that nothing in the Act would "preempt any other provision of law" and does not contain the language of the USTA which states that it "displaces tort, restitutionary, and other laws. [read post]
27 Dec 2014, 9:47 pm
In an important legal decision upholding the convictions of two defendants for criminal harassment, the Massachusetts Supreme Judicial Court (SJC) ruled that internet harassment (or “cyber-harassment”) does not constitute free speech, protected under the First Amendment to the U.S. [read post]
10 May 2018, 6:00 am
" They are seldom taught, however, about the dual sovereignty rule, which holds that the Double Jeopardy Clause does not apply when separate sovereign governments prosecute the same defendant. [read post]
26 Mar 2013, 3:45 am
But the best way for a defendant to make sure that a settlement does not result in criminal investigations or huge objections is to make sure that--at the very least--its side of the street is clean. [read post]
8 Nov 2013, 2:51 pm
The record in this case does not support a finding that defendant has had a history of substance abuse, under either of these definitions of the term. [read post]
16 Jan 2020, 3:30 am
Unless, of course, defending EEOC lawsuits is on your bucket list for 2020. [read post]
25 Feb 2024, 11:17 am
It’s essential to understand that the ICFA does not apply to every contract dispute, and failure to fulfill contractual obligations alone does not necessarily constitute a deceptive act or practice. [read post]
3 Mar 2015, 12:15 pm
This would mean for the Plaintiff’s version to be correct the Defendant would had to have started from a complete stop accelerated through a turn and almost completed it before the Plaintiff arrived at the impact site. [36] This does not coincide with the defendant’s evidence that he was three quarters of the way in his driveway, having crossed the eastbound lane. [37] In Rai v.… [read post]
10 Mar 2020, 9:05 pm
A federal civil action brought by soil-using organic growers does not name any of the hydroponic growers they want to prevent from using USDA’s organic label. [read post]
4 Aug 2019, 8:49 am
Plaintiff filed suit against defendant related to personal injury which occurred on board the defendant’s vessel. [read post]
17 Dec 2009, 7:02 am
Whether Plaintiff was terminated because of his race and gender does not turn on the private sexual behavior of Ms. [read post]
7 May 2010, 2:53 pm
How does that work? [read post]
25 Jul 2008, 2:43 pm
The complaint includes allegations that the defendants violated sections 11, 12(a)(2) and 15 of the ’33 Act. [read post]
7 Jan 2011, 1:18 pm
Although the Court eventually granted defendant Cisco's motion for summary judgment of noninfringement, it rejected, as part of the claim construction process, Cisco's attempt to rely on an article written by its adversary's expert: "Defendant does not cite its own expert in support of its argument [on the claim in issue]. [read post]
20 Dec 2011, 10:36 am
B233820, the California Court of Appeal held that a defendant does not waive its right to compel arbitration of a class action by waiting to file a motion to compel arbitration until the class has been certified, where some of the class members, but not the class representative, signed arbitration agreements with defendant. [read post]
