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Recall that, under local controversy exception, a federal court does not have a subject matter jurisdiction if: (1)    more than 2/3rd of plaintiff class are citizens of the state where the suit was filed originally; (2)     at least one defendant (a) is a defendant from whom members of the plaintiff class are seeking significant relief, (b) is a defendant whose conduct forms a significant basis for the proposed plaintiff… [read post]
25 Feb 2011, 5:03 am
The Supreme Court of Ohio held today that the “firearm specification” provision of state law that adds three years to the prison sentence of an offender who uses a firearm in the commission of a felony does not charge the defendant with a separate criminal offense, and therefore Ohio’s allied offenses of similar import statute (R.C. 2941.25) does not require the firearm specification and the underlying offense to be merged for sentencing. [read post]
24 Jan 2019, 9:05 am by Aurel Sari
During the more recent evolution of the law, the distinction between defenders and attackers has receded into the background, most likely for three reasons. [read post]
16 Dec 2016, 6:56 am by Docket Navigator
[Defendant] does not demonstrate, as it must, that such conduct was unreasonable under the circumstances. [read post]
23 Feb 2022, 10:00 am by Dennis Crouch
By this account, design patents are hard to get, hard to defend even if you do get them, and hard to recover on even if you do get and defend them. [read post]
1 Sep 2016, 5:12 pm by Theodore Harvatin
Arizona Supreme Court Holds That Officer’s Assertion of Lawful Authority to Search Does Not Negate Totality of the Circumstances Test, Illinois DUI Lawyer Blawg, May 7, 2016. [read post]
24 Sep 2015, 11:31 am by Lawrence B. Ebert
AU ’168 suggests that ‘A’ can be selected from oneof three lists, and as defendants’ expert candidly admitted,Formula IV “does not indicate any preference” amongthe different options. [read post]
1 Dec 2007, 10:28 am
Does 1-9, the Columbus, Ohio, case targeting Ohio State University, where three defendants --John Does #1, 5, and #9 -- have made motions, the Court has stayed enforcement of its ex parte order.Also we have obtained copies of the motion papers served on behalf of John Does #5 and 9. [read post]
12 Nov 2012, 5:36 am
" Practice Tip: The complaint does not appear to allege sufficient facts that would give the court personal jurisdiction over the defendant Parker. [read post]
7 Jul 2008, 2:55 pm
All three were decided in favor of the defendant doctor. [read post]
17 Aug 2010, 5:26 am
"The record does not permit us to conclude that PCR counsel listed or incorporated all of the claims raised in defendant's pro se verified petition. [read post]
17 Aug 2010, 4:26 am by Anthony J. Vecchio
"The record does not permit us to conclude that PCR counsel listed or incorporated all of the claims raised in defendant's pro se verified petition. [read post]