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3 Apr 2011, 9:01 pm
So Durham’s filings focused on three other arguments: (1) Even if true, these facts can’t sustain a civil suit, because a grand jury indicted the lacrosse players; (2) Even if true, these facts can’t sustain a civil suit, because Nifong ran the investigation, and he’s an employee of the state, not the city, and under the 11th amendment, the state can’t be sued in federal court; (3) Even if true, these facts can’t sustain a… [read post]
27 Feb 2013, 8:33 pm
More about all three, especially Justice Scalia’s distinctive third argument, below.Arguments 1 & 2: A Changed South and the Dignity of StatesFirst, regarding arguments (1) and (2): Of course it is true that the South has changed. [read post]
3 Aug 2014, 9:01 pm
Since 2006, Rules 26 and 34 of the Federal Rules of Civil Procedure deal specifically with the problems of preserving electronic evidence. [read post]
25 Aug 2018, 1:06 pm
” Mr Webb was awarded damages under s. 97(2) of the Copyright, Designs & Patent Act 1988. [read post]
14 Nov 2021, 4:21 pm
The claim cannot proceed as a representative action under Civil Procedure Rule 19.6 because members of the class do not have the same interest. [read post]
12 Jan 2017, 7:01 am
Because unpermitted discharges can result in steep civil and criminal penalties, the meaning of WOTUS is of central importance. [read post]
16 Dec 2024, 1:44 am
The Brett Wilson Media and Communication Law Blog has an article marking a decade since the Defamation Act 2013 came into force. [read post]
15 Dec 2023, 12:29 pm
Effective January 1, 2024, Section 1294 of the Code of Civil Procedure no longer contains an automatic stay of all trial court proceedings pending appeal of a denial of a motion to compel arbitration. [read post]
3 Oct 2007, 6:25 am
In Re: Federal Grand Jury 03-01 Matter of Material Witness, No. 04-MC-9071 (D. [read post]
3 Jun 2022, 10:03 am
This blog post summarizes some of the significant decisions grouped by the hot topics below. [read post]
20 Feb 2008, 1:42 pm
Nine of them, or one in about every 111,000 are on the Supreme Court. [read post]
17 Jul 2023, 5:32 am
Intelligence Community’s policies and procedures to implement the safeguards established under EO 14086, announced by the U.S. [read post]
17 Jan 2018, 6:30 am
Due to the distinct nature of applicable Plans, federal law allows for them to bring a civil action to recover under 29 U.S.C. [read post]
25 Jun 2020, 9:05 pm
” A federal appellate court held that a U.S. [read post]
1 Jul 2011, 7:01 am
Two articles on the settlement in arbitration Readers may also note this very lengthy post in Kluwer Arbitration Blog by Gary B Born & Claudio Salas on the US Supreme Court's decision AT & T v Concepcion (2011). [read post]
After the Hulk Hogan Lawsuit Funding Flap, Is it Time for a Look at Litigation Financing Regulation?
5 Jun 2016, 5:15 pm
These critics note that under the Federal Rules of Civil Procedure, defendants are required to disclose if they have insurance funds available. [read post]
31 Dec 2012, 3:29 pm
In a rare procedural move, the Ohio Supreme Court reconsidered and reversed its prior decision in a post-merger non-compete case and held that non-competes are like any other agreement and automatically transfer to the surviving entity after a merger. [read post]
31 Dec 2012, 3:29 pm
In a rare procedural move, the Ohio Supreme Court reconsidered and reversed its prior decision in a post-merger non-compete case and held that non-competes are like any other agreement and automatically transfer to the surviving entity after a merger. [read post]
1 Jul 2008, 8:32 pm
She empirically demonstrates that the ITC mostly involves disputes between two domestic litigants, making it a redundant battleground with federal district court but nevertheless an attractive venue for plaintiffs due to a number of procedural advantages. [read post]
19 Dec 2011, 12:35 am
It includes a threatening cover letter, a civil complaint, and a proposed settlement. [read post]