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21 Jun 2024, 11:45 pm by Yosi Yahoudai
There’ s no evidence he was there conspiring with any of the protesters or that he was there for any other reason other than to report the news,” said David Snyder with First Amendment Coalition. [read post]
AB 2288 explicitly enforces the courts’ power to determine manageability over PAGA claims, and provides that it may limit the evidence to be presented at trial or otherwise limit the scope of any claim filed to ensure that the claim can be effectively tried. [read post]
21 Jun 2024, 10:16 pm by Marcel Pemsel
Even famous trade marks are subject to the requirement of genuine use and may be revoked if the owner does not submit sufficient evidence, as a recent decision from the General Court concerning McDonald’s ‘BIG MAC’ trade mark shows (case T-58/23). [read post]
21 Jun 2024, 9:05 pm by Mikaela Wells
Many OLUs are safe and supported by medical evidence, but others are prescribed without much data to support their use. [read post]
21 Jun 2024, 9:04 pm by Mark Tushnet
  Justice Breyer's typical use of policy arguments, to uphold statutes against constitutional challenges, is Thayerism: "I have no views on the policy issues here but here's a lot of evidence to support the proposition that it's reasonable for a legislature to conclude that this is good policy. [read post]
21 Jun 2024, 8:55 pm by Lawrence Solum
We show that full revelation of private information requires the production of evidence in just a subset of legal cases. [read post]
21 Jun 2024, 5:47 pm by Josh Blackman
In other words, evidence seized in violation of the Fourth Amendment could not be admitted in Court. [read post]
21 Jun 2024, 5:45 pm by Legal Profession Prof
The Capitol Gazette (Annapolis Maryland) has a report of charges brought against an Orphans' Court judge Anne Arundel County Orphans’ Court Judge Marc Knapp was charged Thursday with altering evidence and violating a peace order, complicating an ongoing legal scuffle... [read post]
21 Jun 2024, 5:32 pm by Yosi Yahoudai
Mounting evidence also suggests that this could happen again, too. [read post]
21 Jun 2024, 5:18 pm by Yosi Yahoudai
” Lipson told the jury during closing arguments that DePape was guilty of three of the charges but that prosecutors had not presented evidence to convict him of threatening a family member of a public official and aggravated kidnapping. [read post]
21 Jun 2024, 3:12 pm by Amy Howe
In his view, Friday’s ruling “inflicts a needless, unwarranted, and crippling wound on modern evidence law,” which has generally permitted experts to disclose the information that was the basis for their opinions. [read post]
21 Jun 2024, 2:42 pm by Ashley Belanger
An April court filing shows that IA intends to argue that the publishers have no evidence that the e-book market has been harmed by the open library's lending, and copyright law is better served by allowing IA's lending than by preventing it.Read 39 remaining paragraphs | Comments [read post]
21 Jun 2024, 2:35 pm by Yosi Yahoudai
(Huntington Beach Police Department) Leaving the motive unresolved, the verdict had the hallmark of a compromise among jurors who had begun deliberating Tuesday after a seven-week trial that relied heavily on circumstantial evidence. [read post]
21 Jun 2024, 1:00 pm by John Ross
Friends, it is very bad and wrong for gov't officials to arrest people in retaliation for their speech, and yesterday the Supreme Court issued a deeply important ruling on what kinds of evidence can be used to prove up a retaliatory arrest claim. [read post]
21 Jun 2024, 12:56 pm by Shawn Dominy
  The blood test was admitted as evidence, and Tarr was convicted of Vehicular Homicide. [read post]
21 Jun 2024, 12:25 pm by Lawrence Solum
To do so, this Article first proposes a novel, bottom-up approach to identifying the relevant values that focuses on the specific evidence that the Court considers in each case. [read post]
21 Jun 2024, 12:16 pm by Nicole Pottroff
And it can be rebutted if the individual has an S corporation, LLC, or partnership and can provide documentary evidence showing such income was either reinvested in the company or used to pay the company’s taxes. [read post]
21 Jun 2024, 11:31 am by Eugene Volokh
The majority opinion is likely to add force to arguments for the constitutionality of so-called "red flag" laws, which empower courts to order seizure of firearms from people when there is sufficient specific, articulable evidence that those people are dangerous (generally for mental-health-related reasons). [read post]
21 Jun 2024, 10:17 am by Brian Fong
 The PAGA reform deal would be a move toward overturning Estrada and codifying a trial court’s ability to limit the scope of claims and the evidence presented at trial for reasons of manageability. [read post]