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2 Jun 2014, 12:27 pm
The Federal Circuit reasoned that in this case, despite the text of the statute, Congress would have wanted the defendant to be found liable even though its customers performed one of the steps of the patent. [read post]
6 Feb 2008, 4:29 am
There are 55 people on federal death row. [read post]
10 Nov 2020, 2:01 am
Broader Venue For Foreign Defendants The Federal Circuit came to a different conclusion as to the foreign defendant (MLL), noting that “MLL is properly subject to venue in any judicial district, including the District of New Jersey. [read post]
15 Aug 2013, 7:00 am
Not only can a defendant be charged with a violation of Title 21 that calls for a mandatory minimum prison sentence, in certain instances the defendant's sentence potential or mandatory minimum be increased because of a criminal history to make a minimum mandatory completely exorbitant. [read post]
14 Oct 2011, 1:19 pm
And remember that life in prison without parole, the state sentence the Rhode Island defendant in question, Jason Pleau, will serve, is a truly miserable and extreme punishment for his crime. [read post]
1 Apr 2020, 3:22 pm
24 Jun 2015, 9:05 pm
The Securities and Exchange Commission practice of trying many complaints before administrative law judges (ALJs) who are its own employees, rather than before federal courts, has grown increasingly controversial lately and now one defendant’s challenge to the practice has prevailed — at least for the moment. [read post]
10 Apr 2019, 10:19 am
In the coverage lawsuit, the federal trial court ruled against the insurers and required them to defend the lawsuits. [read post]
8 Nov 2018, 5:52 am
Court of Appeals for the Seventh Circuit held that a plaintiff’s oral testimony that a $100 payment was demanded of her in violation of the federal Fair Debt Collection Practices Act (FDCPA) was insufficient to withstand summary judgment where the debt collector defendant… Jeffrey Karek [read post]
1 Jun 2022, 3:30 am
The system has made the risks of trial so daunting—with a defendant likely to receive a sentence many times longer if he has the audacity to declare his innocence and proceed to trial—that most defendants fall on the sword and plead guilty, even if they are innocent. [read post]
13 May 2021, 6:03 am
And any claim that defendant caused his case to be dismissed is too conclusory to survive a motion to dismiss. [read post]
13 Jun 2018, 1:04 pm
Most criminal cases require that the prosecutor prove that the Defendant “knew” something. [read post]
24 Apr 2017, 2:18 pm
* Further, because this case was decided on the merits by the state courts and is now on federal habeas corpus review, the threshold question is whether the answer to the above question was "clearly established" in the defendant's favor back when the Oklahoma court decided it. [read post]
4 Apr 2014, 3:30 am
In a classic essay reprinted in this recent book, Barbara Babcock surveys a number of responses, including: Continue reading "Defending Defending, with Integrity" [read post]
29 May 2018, 7:34 am
Nationwide, roughly 80-percent of all federal defendants are too poor to hire a lawyer. [read post]
18 Aug 2023, 4:30 am
There was no dispute that the defendants were on duty and thus acting under color of their federal office. [read post]
13 Oct 2021, 3:04 pm
Originally filed in Illinois state court, the plaintiffs’ lawsuits were removed by the defendants to federal court. [read post]
18 Dec 2019, 4:00 am
Applying the Canadian test for granting interlocutory injunctive relief, the Federal Court found a serious issue since the “evidence discloses a strong prima facie case of copyright infringement” by the defendants despite the earlier Court order directing the defendants to cease operating the infringing service. [read post]
23 Jun 2024, 5:33 pm
” appeared first on Federal Defenders of New York Blog. [read post]
13 Dec 2016, 1:27 pm
The federal district court in Vermont has denied a defense motion to strike the US Attorney's Office's Notice of Intent to Seek the Death Penalty. [read post]
