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3 Mar 2014, 7:18 am by Docket Navigator
Salesforce.com, Inc. et al., 2-13-cv-00011 (TXED February 27, 2014, Order) (Gilstrap, J.) [read post]
15 Jul 2014, 4:24 pm by Federalist Society
” Justice Kagan delivered the opinion of the Court, which held that the government does not need to prove that a defendant charged with violating 18 U. [read post]
5 Nov 2019, 5:00 am by Daniel E. Cummins, Esq.
The court noted that this was not enough to create general jurisdiction everywhere in the country.The court otherwise noted that a Defendant’s involvement in marketing does not create an exceptional case allowing for the exercise of general jurisdiction outside of the states where the Defendant is “at home. [read post]
27 Jan 2022, 10:02 am by Daniel Habib
-Mexico Extradition Treaty does not confer on extradited defendants individual rights to assert violations of the Treaty, and Mexico waived any specialty objection to Guzman Loera’s prosecution in the EDNY. 2) …The post Second Circuit Affirms El Chapo’s Conviction appeared first on Federal Defenders of New York Blog. [read post]
25 Apr 2024, 7:35 am by Howard Friedman
Plaintiff has failed to prove that it was clearly established at the relevant time that the Doe Defendants were barred from (1) attempting to distinguish between religious and secular objections to a vaccine or (2) in that effort, denying exemptions to a state-mandated vaccine mandate to employees who expressed ostensibly religious objections to the use of fetal cells in the development of the vaccine. [read post]
19 Sep 2009, 2:14 pm
After conceding that the Act discriminates and that the Administration is seeking its repeal, the brief nonetheless defends it as constitutional on minimalist grounds. [read post]
12 Jun 2019, 1:19 pm by Naomi Shatz
In a decision released today, the Supreme Judicial Court concluded that driving with improperly restrained children does not constitute reckless endangerment under state law. [read post]
7 Dec 2006, 4:00 am
  Howard sensibly speculates about how a likely 2-1 win for the defendant before the Spears panel became a 10-2 loss after the full Tenth Circuit got involved. [read post]
29 Jul 2019, 8:51 am by Steven Cohen
  The court opines however that he does not tie the articles he mentions to the defendant’s actions and fails to explain how the articles serve to establish that the defendant provided negligent care to the decedent. [read post]
14 Oct 2010, 12:06 pm by Randy Barnhart
Moreover, the “availability of ‘other statutory or common law causes of action based on the same set of facts does not affect the plaintiff's right to assert a claim under the CCPA. [read post]
13 Aug 2014, 3:04 am by R. David Donoghue
Judge Dow granted defendant WoundRight Technologies’ (“WoundRight”) Fed. [read post]
5 Apr 2012, 2:36 pm by Cynthia L. Hackerott
California’s affirmative action ban, added to the state constitution when voters passed Proposition 209 in November 1996, did not violate the US Constitution, the Ninth Circuit held on Monday (Coalition to Defend Affirmative Action v Brown, April 2, 2012). [read post]
14 May 2009, 10:02 pm
In order to establish such a claim, one must allege that the defendant had (1) knowledge of the infringing conduct by a third party and (2) induced, caused, or contributed to that infringing conduct. [read post]
29 Mar 2018, 6:02 am by Carl Neff
  Rather, the elements are that 1) a fiduciary duty exists, and 2) such duty was breached. [read post]
31 Mar 2022, 4:37 am by Krzysztof Pacula
A defendant who does not lodge a statement of opposition within that 30-day time limit may, in a number of exceptional cases, apply for a review of the order pursuant to Article 20 of the Regulation. [read post]