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18 Mar 2016, 7:47 am by Docket Navigator
The evidence plaintiffs would like to present to the jury, including that of conflicting positions taken by defendants before the PTO, goes to defendants' subjective intent and, therefore, has no role to play in evaluating the objective prong of the [In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. [read post]
1 Oct 2013, 4:50 pm by Jon Sands
What a disappointing opinion: an uncounseled tribal domestic violence misdemeanor can serve as a predicate offense under 922(g)(f) so long as the defendant could have hired counsel. [read post]
11 Jul 2014, 5:25 am
., imposed an enhanced sentence on the defendant, Mitchell Henderson, as a persistent dangerous felony offender and a persistent serious felony offender, pursuant to General Statutes (Rev. to 1993) § 53a-40 (f) and (g),  the defendant filed a motion to correct an illegal sentence claiming that he was constitutionally entitled to have a jury make the finding required by that statute that an enhanced sentence would be in the public interest. [read post]
11 Jun 2010, 6:45 am
The search of defendant’s car was valid as a search incident before Gant, but it was valid as an inventory. [read post]
17 Nov 2011, 2:24 pm by Andrew Frisch
Quality Inn South, 846 F.2d 700, 702 (11th Cir.1988), cert. denied, 489 U.S. 1011, 109 S.Ct. 1120, 103 L.Ed.2d 182 (1989)). [read post]
15 Oct 2020, 9:05 pm by Dan Flynn
Meanwhile, DOJ and Pilgrim’s have reached an agreement in the price-fixing case involving multiple defendants in federal court in Denver. [read post]
5 Apr 2024, 6:00 am by Public Employment Law Press
Noting that under New York law a plaintiff must establish that (1) “a contract exists,” (2) “plaintiff performed in accordance with the contract,” (3) “defendant breached its contractual obligations,” and (4) “defendant’s breach resulted in damages. [read post]
5 Apr 2024, 6:00 am by Public Employment Law Press
Noting that under New York law a plaintiff must establish that (1) “a contract exists,” (2) “plaintiff performed in accordance with the contract,” (3) “defendant breached its contractual obligations,” and (4) “defendant’s breach resulted in damages. [read post]