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4 Nov 2018, 10:56 am by Schachtman
CSX Transportation, Inc., 955 S.W.2d 257 (Tenn. 1997) (considering confounding but holding that it was a jury issue); Perkins v. [read post]
27 Sep 2014, 10:06 am by Schachtman
App. 413, 425, 221 S.W. 159 (1920) (each owner of a dog may not be liable for the entire damage; evidence of relative size and ferocity sufficient to permit the jury to apportion damages); Stine v. [read post]
25 Oct 2019, 10:00 am by Eugene Volokh
But in this preliminary, pre-discovery procedural posture, the court declines to rule as a matter of law that it is not. [read post]
26 Feb 2014, 8:13 am
Sanders, 168 S.W.3d 65 (Missouri Supreme Court en banc 2005). [read post]
17 Aug 2018, 7:45 am by Eugene Volokh
The filings in this case are a matter of public record; none of the parties' papers have been filed under seal. [read post]
8 Feb 2016, 6:13 am by Eugene Volokh
Section 14-458.1(a)(1)(d) could also be applied to speech on matters of public concern, such as discussions of an accurate statement that a teacher was having a sexual or romantic relationship with an underage student, or accurate allegations that an underage classmate had sexually assaulted someone. [read post]
7 Aug 2013, 3:38 am by Susan Brenner
--> After she was convicted of “the misdemeanor offense of harassment and sentenced to 180 days in jail probated for two years and a $500 fine,” Debra Hernandez appealed. [read post]
30 Nov 2015, 3:35 am
State, 113 S.W.3d 452 (Texas Court of Appeals 2003) (upon directing the technician to back up his files, the defendant `“no longer had a legitimate expectation of privacy in those files’). . . .State v. [read post]
22 Sep 2018, 12:42 am
  But no matter our hue, we were still “darker” than those who possessed power.Still, like the outsiders who are always looking and assessing our ‘people’ and us in this country, we, too, judge, we assess, and we categorize. [read post]
16 Aug 2007, 7:20 am
Suzuki Motor Corp., 996 S.W.2d 47, 63 (Mo. 1999) ("most common" waiver of physician-patient privilege "involve[s] plaintiffs who voluntarily place their medical condition in issue by . . . alleging that they suffered physical or mental injuries"); Marsh v. [read post]
16 Jan 2021, 10:57 pm by Mahmoud Khatib
”[32] The parties’ intentions are considered a matter of law, and intent is referred to the trier of fact only if a court determines that the document is ambiguous as a matter of law.[33] Under the objective standard, statements of the parties’ intentions carry the greatest weight.[34] In Teachers Ins. and Annuity Ass’n of America v. [read post]
31 Oct 2011, 3:15 am by Steve Lombardi
It is true, they are awarded to the one who has been made to suffer; but not as a matter of right. [read post]
3 Sep 2015, 6:36 am
“Jurisfiction” is a word coined by Jasper Fforde, author of the Tuesday Next series, one of the more sophisticated set of children’s works that has come to populate this post-Harry Potter era. [read post]
19 Oct 2012, 5:57 am by Susan Brenner
   __ S.W.3d __, 2012 WL 4820805 (Texas Court of Appeals 2012). [read post]
  Thus, avoidance of yellow fever was not treated like a force majeure—which would excuse the breach of contract, but it was considered as an equitable matter in assessing breach-of-contract damages. [read post]
6 Sep 2012, 11:29 am by Bexis
 After reviewing the Tenth Circuit’s recent pronouncement on Daubert challenges and the admissibility of expert testimony at trial, I reexamined pertinent documents in this matter. . . . [read post]