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23 Jan 2024, 11:28 am by Eugene Volokh
Furthermore, parties proceeding anonymously in this District are routinely required to reveal their true names (as well as other identifying information) to the Court ex parte and under seal. [read post]
21 Jan 2024, 12:30 pm by Rich Vetstein
If there is a clear danger that the other party will convey or encumber the subject property, you can file the motion “ex parte” – that is, without the other side being notified in advance, however, do you do have to make that factual showing there is an emergency. [read post]
18 Jan 2024, 7:48 am by Alex Phipps
The court found just such evidence here, noting that the struggle between defendant and the victim began as she fled from him at the door, then moved to the bedroom, where defendant restrained her on the bed prior to the sexual assault. [read post]
17 Jan 2024, 6:38 am by Megan Dell
Previous Alimony or Support: Whether alimony or support has been awarded from a prior marriage. [read post]
15 Jan 2024, 3:29 am by Verena von Bomhard (BomhardIP)
Later events with ex tunc effect (such as the declaration of invalidity of the prior right, or the withdrawal of the opposition) mean that, at hindsight, the decision should not have “existed”, but later events with ex nunc effect (such as revocation or non-renewal or, as in the Brexit cases, loss of eligibility as an opposing right in EUTM proceedings) do not have that result. [read post]
14 Jan 2024, 10:30 pm by Nicholas Franssen
The combination of these two elements would seem to imply that the Court was not willing to accept the full implication of the conclusion of the Advocate General that it is was up to the criminal procedural law of the Member State of the handling EDP to determine whether judicial control is to take place ex ante – i.e., before the investigation measure is carried out in another Member State – or ex post, e.g. during the trial stage of the case. [read post]
14 Jan 2024, 8:10 am by Andrew Delaney
And to warrant a “voluntary intoxication” instruction, you need a little more than the ex-girlfriend saying you were “pretty drunk,” especially if you’re on camera (another camera, not the neighbor’s) looking in control of yourself. [read post]
11 Jan 2024, 8:30 am by Second Circuit Civil Rights Blog
Plaintiffs can win when someone conveys a disparaging falsehood about them, but there are numerous defenses that can force the trial court to dismiss the case prior to trial.The case is Rapaport v. [read post]
10 Jan 2024, 3:33 pm by Jon Hyman
The CEO, meanwhile, vehemently denies the allegations, claiming that the plaintiff is his ex-girlfriend and that they were in a prior consensual sexual relationship. [read post]
10 Jan 2024, 8:09 am
Everyone knows that already. 'Cause Ex Parte Young said it. [read post]
6 Jan 2024, 2:50 pm by Russell Knight
Some divorce settlements are simply so bad, that a divorce lawyer will want no part of that settlement. [read post]
4 Jan 2024, 12:50 pm by Josh Blackman
(We discuss this statute at some length in Part III of our ten-part series.) [read post]
4 Jan 2024, 8:21 am by Alex Phipps
[t]he evidence and timing of these incidents and Defendant’s actions are part of the chain of events that contextualize the crime. [read post]
2 Jan 2024, 10:01 am by Robin E. Kobayashi
The Court was not persuaded by the employer’s contention that the trip to Florida was an intentional act on the part of the employee that severed the causal relationship between his original injury and his fall in the fishing boat [see Fairfax County v. [read post]
2 Jan 2024, 5:50 am by Caroline Fredrickson
After all, prior presidents also used the pardon power in controversial  ways. [read post]
2 Jan 2024, 5:01 am by Eugene Volokh
{M.B. is Budlove's ex-husband's niece and was previously in the care of Budlove and her ex-husband.} [read post]