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20 Jun 2015, 7:56 pm
Except, of course, the Eight Amendment’s requirement of proportionality does operate on a sliding scale[1]. [read post]
2 Jun 2010, 5:30 am
Tosh, 2009 WL 3484064, *1+ (W.D. [read post]
24 Feb 2016, 7:26 am
In order to establish a prima facie claim of negligence, or the failure to exercise reasonable care, a plaintiff must prove the following elements: (1) a duty of care owed by defendant to plaintiff; (2) conduct below the applicable standard of care that amounts to a breach of that duty; (3) an injury or loss; (4) cause in fact; and (5) proximate, or legal, cause. [read post]
24 Feb 2016, 7:26 am
In order to establish a prima facie claim of negligence, or the failure to exercise reasonable care, a plaintiff must prove the following elements: (1) a duty of care owed by defendant to plaintiff; (2) conduct below the applicable standard of care that amounts to a breach of that duty; (3) an injury or loss; (4) cause in fact; and (5) proximate, or legal, cause. [read post]
24 Nov 2020, 7:27 am
And yet, because of the trial penalty, that happens all too often.[1] The trial penalty refers to “the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. [read post]
22 Aug 2011, 3:53 pm
The FSA reduced the crack/powder ratio to approximately 18:1, thus triggering a mandatory minimum sentence of 5 years for defendants convicted of possessing 28 grams of cocaine and 10years for possessing more than 280 grams. [read post]
9 Feb 2015, 11:01 am
The CVRA does NOT give crime victims the right to dictate to the Government what deal the prosecution should offer a Defendant, or how much restitution money the Defendant should be made to pay each victim. [read post]
22 May 2022, 1:13 pm
Randall, No. 20-10339 (5-20-22)(Bumatay w/Bress; dissent by Wardlaw). [read post]
11 Sep 2018, 3:44 am
…We hold that a plaintiff does not comply with the mandatory pre-suit notice provision of Tennessee Code Annotated section 29-26-121(a)(1) when the plaintiff does not give written pre-suit notice to a health care provider that will be named as a defendant—even though that health care provider has knowledge of the claim based on pre-suit notice the plaintiff sent to another potential defendant. [read post]
15 Apr 2016, 2:53 pm
LEXIS at *5. [read post]
1 Sep 2020, 10:08 am
For other aspects of Section 230(c)(1), defendants qualify for the defense regardless of their scienter. [read post]
25 Jul 2020, 9:14 am
§ 2000e-5(f)(1). [read post]
12 May 2016, 4:37 am
1. [read post]
30 Jan 2013, 5:01 pm
The amendment of claim 1, by reintroducing the passage deleted in examination, therefore was clearly occasioned by the ground of opposition of A 100(c), raised by the [opponent] and was – as such – not late filed. [5.8] However, the requests with this claim 1 also comprised a further independent claim (5, respectively 3) resulting from only the features of claim 9 of the patent as granted, which was dependent on claim 1, but without taking up the… [read post]
24 Feb 2015, 3:06 pm
There does not seem to be any reason why they should be presumed, Art 5(1)(a) does not require a trade mark with a reputation. [read post]
11 Oct 2014, 7:08 am
[1] Robert Genes, Esq. is an illustrious trial lawyer, writer, and lecturer. [read post]
30 Jun 2011, 8:36 am
Much like its suit against John Does 1-5, Zynga is again going after website operators infringing on its ZYNGA trademark. [read post]
5 Apr 2020, 6:15 pm
” Id. at 5. [read post]
22 Aug 2018, 3:05 am
Thus, there would have been infringement under Section 29(5), if the defendants, as part of their trade name, had used “MANKIND”. [read post]
15 Jul 2011, 6:09 am
Does 1–2,099, No. 10–CV–5865, at *4–5 (N.D.Cal. [read post]
