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13 Apr 2009, 9:26 am
Back on January 23, he issued an order denying the plaintiff's third motion to compel against two of the defendants, as well as its motion for leave to amend its PICs to add a claim of infringement under 271(f)(2), finding a lack of diligence to be the deciding factor. [read post]
9 Feb 2022, 12:17 pm by Eugene Volokh
An excerpt from the long opinion: [I]f Plaintiffs' allegations are true, Defendants, through Pornhub and other sites, host and harbor child pornography—i.e., knowingly receive and possess it—which are illegal acts under the United States Code and which are prosecuted in proceedings against individuals every day. [read post]
14 Oct 2008, 7:08 pm
Rose, 538 F.3d 175 (3d Cir. 2008), the Third Circuit held that failure to raise specific suppression arguments before the district court amounts to waiver and not just forfeiture. [read post]
24 May 2009, 9:01 pm by A. Benjamin Spencer
Oba, 448 F.2d 892, 894 (9th Cir.1971) (considering the defendant's subjective intent), with United States v. [read post]
10 Nov 2009, 3:11 am
McPhearson, 469 F.3d 518, 526 (6th Cir. 2006) (holding that the affidavit did not show a nexus when the defendant was arrested on his porch with cocaine in his pocket). [read post]
27 Aug 2018, 6:51 pm
Ericson, 712 F.3d 837 (3d Cir. 2013), the Court determined that admitting the third defendant’s statements had violated codefendant Karim Eley’s Sixth Amendment right of confrontation under Bruton v. [read post]
6 Aug 2007, 9:21 pm
., 33 F.3d 716 (6th Cir.1994), such a motion should only be denied where a defendant can show plain legal prejudice flowing from the dismissal. [read post]
8 Jul 2009, 5:38 am
Mikalajunas, 936 F.2d 153 (4th Cir. 1991), differed from a stabbing in that homicide involves an ultimate restraint. [read post]
27 Apr 2012, 7:00 am
Keller, 666 F.3d 103 (3d Cir. 2011), the prosecution appealed a decision of the United States District Court for the Western District of Pennsylvania, which found that a sentencing enhancement under U.S. [read post]
28 Dec 2017, 7:00 am by Docket Navigator
To the extent the servers provide 'space' from which a business may operate, any such space would be virtual space and virtual space explicitly fails the [In Re Cray Inc., 871 F.3d 1355 (Fed. [read post]