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7 Feb 2018, 10:48 am by Jon Sands
The stipulation set forth reasons for a bench trial, including evidence issues, scheduling, and allowance for a joint trial, which permitted various defendant’s statements to come in against co-defendants as to avoid a Bruton problem.The 9th concludes that the record does not adequately show the waivers were voluntary, knowing, and intelligent as required by Fed R Crim P 23(a)(1). [read post]
29 May 2022, 7:41 am by David Adelstein
  The post DOES THE UCC APPLY TO THE CONTRACT FOR THE SALE OF GOODS AND SERVICES appeared first on Florida Construction Legal Updates. [read post]
17 Aug 2011, 4:30 am
First, the defendants failed to establish that CAFA’s $5 million aggregate amount in controversy requirement had been satisfied. [read post]
3 Feb 2009, 4:21 pm
However, it does not keep the employer from requiring reasonable notice to the employer, and does not apply to a defendant in a criminal action. [read post]
2 Apr 2014, 7:05 am by Docket Navigator
[Defendant's] financial condition does not support an enhancement and strongly counsels against enhancing damages to the degree requested by [plaintiff]." [read post]
Much like a defendant charged with multiple petty offenses, the fact that the potential exists for an aggregate sentence exceeding six months incarceration does not entitle such a defendant to a jury trial. [read post]
29 Jun 2022, 10:44 am by Travis Hinman
  The majority opinion does offer some safe harbor for class action defendants. [read post]
27 Apr 2016, 8:52 am by Jon Gelman
"Appellate Division ordered the trial judge to include the following restrictions:"(1) the type of record requested; (2) the information it does or might contain; (3) the potential for harm in any subsequent nonconsensual disclosure; (4) the injury from disclosure to the relationship in which the record was generated; (5) the adequacy of safeguards to prevent unauthorized disclosure; (6) the degree of need for access; and (7) whether there is an express statutory… [read post]
8 Jan 2008, 10:39 pm
The plaintiff wins if defendant either does not plead or pleads but does not prove. [read post]
8 Aug 2013, 2:42 pm by Stephen Bilkis
Defendant's removal papers cite all four of his convictions in the following reverse order: First, on 5 November 2009 in Rockland County Court at Brooklyn, NY for the offense of Penal Law (PL) section 220.09 [1], Criminal Possession of Narcotic Drug in the 4 Degree, a class C felony and sentenced to two years. [read post]
25 Jul 2011, 4:13 pm by Sheppard Mullin
Does 1-19 (“a defendant’s First Amendment privacy interests are exceedingly small where the ‘speech’ [at issue] is the alleged infringement of copyrights”). [read post]
23 Apr 2015, 12:29 pm by Gregory Forman
If the child does not meet residency requirements, there may not be subject matter jurisdiction to establish child custody. [read post]