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27 Mar 2024, 6:03 am by Phil Dixon
App. 547, 551 n.4 (2019) (noting that G.S. 15A-1416(b)(1) authorizes the State the right to seek entry of judgment in PJC cases but that the defendant has no comparable right). [read post]
21 Jun 2021, 11:21 am
Plaintiffs’ alleged that the defendants’ U.S. operations had knowledge of appalling conditions in the cocoa fields and aided and abetted the child labor via corporate activities. [read post]
1 Aug 2016, 9:47 am by Andrew Crocker
The Stuxnet worm, which was notable for causing physical or "kinetic" damage to its targets, relied on several previously unknown vulnerabilities, or "zero days," in Windows. [read post]
30 May 2014, 12:08 pm by Cicely Wilson
Prenda Law’s general approach was to identify certain unknown persons whose IP addresses were used to download pornographic films, sue them in gigantic multi-defendant suits that minimized filing fees, discover the identities of the persons to whom these IP addresses were assigned by serving subpoenas on the Internet service providers to which the addresses pertained, and then negotiate settlements with the underlying subscriber. [read post]
11 Sep 2009, 7:59 am
To avoid non-mutual issue preclusion, defendants can argue against the first of the four required parts to preclusion: 1) the same issue must have been fairly and fully litigated in the previous preceding; 2) resolution of the issue must have been necessary to the outcome of the first action; 3) the plaintiff must not have been able to join the first action easily, and; 4) application of preclusion is not unfair to defendant. [read post]
8 Nov 2016, 7:02 am by Bob Farb
It is unknown whether the State will seek review of this ruling in the North Carolina Supreme Court, including a possible reconsideration of its prior ruling on the good faith exception under the North Carolina Constitution. [read post]
8 Nov 2016, 7:02 am by Bob Farb
It is unknown whether the State will seek review of this ruling in the North Carolina Supreme Court, including a possible reconsideration of its prior ruling on the good faith exception under the North Carolina Constitution. [read post]
11 Sep 2009, 7:59 am
To avoid non-mutual issue preclusion, defendants can argue against the first of the four required parts to preclusion: 1) the same issue must have been fairly and fully litigated in the previous preceding; 2) resolution of the issue must have been necessary to the outcome of the first action; 3) the plaintiff must not have been able to join the first action easily, and; 4) application of preclusion is not unfair to defendant. [read post]
11 Sep 2009, 7:59 am
To avoid non-mutual issue preclusion, defendants can argue against the first of the four required parts to preclusion: 1) the same issue must have been fairly and fully litigated in the previous preceding; 2) resolution of the issue must have been necessary to the outcome of the first action; 3) the plaintiff must not have been able to join the first action easily, and; 4) application of preclusion is not unfair to defendant. [read post]
25 Jun 2019, 4:22 pm by NBlack
The Court explained its rationale as follows: “Given the fact-specific nature of matters concerning service abroad, the Court makes explicit the facts that dictate that service on Defendant Chang must be transmitted through China’s Ministry of Justice: (1) Defendant Chang appears to live in China, a Hague Convention signatory state that has objected to service by the Article 10 methods; (2) Chang’s physical address is not unknown; (3) the only… [read post]
10 May 2007, 8:45 am
Not being in any highfalutin' political loops about the Bank and Wolfowitz, either international circles or in DC, I have been puzzled as to why the Bush administration has been so lackadaisical in defending Wolfowitz. [read post]
6 May 2024, 9:20 am by Eugene Volokh
The request's theory is that the post violated the copyright in a tumblr post, https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual: Re: Unknown NOTICE TYPE:DMCA Copyright claim 1 KIND OF WORK: Unspecified DESCRIPTION[:] [REDACTED] ORIGINAL URLS: https://www.tumblr.com/case49news/745091056157196289/fourth-circuit-on-one-sided-pseudonymity-in-sexual ALLEGEDLY INFRINGING URLS:… [read post]
22 Jul 2021, 7:47 am by Rob Robinson
Defenders benefit from an ‘air traffic control system’ that sees all network activity, reveals unknown and unprotected assets, and exposes evasive malware more reliably than Intrusion Protection Systems (IPS),” said Joe Levy, chief technology officer, Sophos. [read post]
15 Apr 2007, 9:02 am
As a resource for class action defense attorneys who defend against RESPA (Real Estate Settlement Procedures Act) class actions, we provide the text of Regulation X.Congress gave authority to the Secretary of the Department of Housing and Urban Development (HUD) to promulgate regulations for RESPA, and the regulations are set forth in 24 CFR § 3500.1 et seq.The regulations concerning escrow accounts are set forth in § 3500.17, which provides: … [read post]
22 Oct 2015, 8:00 pm by John Ehrett
Fisher 15-10Issue: Whether a capital defendant's decision not to introduce an inadequate mitigation defense at sentencing automatically defeats a claim that counsel's failure to prepare that defense deprived the defendant of his right to effective assistance of counsel. [read post]