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26 Mar 2010, 12:00 pm
The defendant’s blood sample was not kept refrigerated at all times except for transit or examination pursuant to O.A.C. 3701-53-05 (F). [read post]
17 Sep 2008, 9:46 am
Ready Mix, 283 F.3d 877, 882 (7th Cir.2002) ("What is sauce for the goose (the plaintiff seeking to extend the statute of limitations) is sauce for the gander (the defendant seeking to contract it). [read post]
20 Jan 2012, 3:47 am
Nieves, 241 F.3d at 55; see also Harrington, 610 F.3d at 32-33. [read post]
17 Mar 2008, 11:19 am
Dickerson, 975 F.2d 1245, 1249-50 (7th Cir. 1992). [read post]
8 Feb 2015, 8:16 am
Forum regular Martin Peterson responded that:1.051 (f-1) prohibits communication only "with a defendant who has requested the appointment of counsel. [read post]
30 Jul 2024, 6:00 am
Oliveira, 594 F.3d 134*, the court noted that such rulings "are immediately appealable under the collateral order doctrine". [read post]
30 Jul 2024, 6:00 am
Oliveira, 594 F.3d 134*, the court noted that such rulings "are immediately appealable under the collateral order doctrine". [read post]
9 Dec 2010, 3:05 pm
” 615 F.3d at 1034. [read post]
5 Aug 2014, 10:48 am
The district court denied that motion, and defendants filed a petition for interlocutory appeal under Federal Rule of Civil Procedure 23(f). [read post]
18 Mar 2024, 5:51 pm
§ 3553(f), the so-called “safety valve” provision, district courts have a limited power to impose a sentence below the statutory mandatory minimum in certain drug cases. [read post]
7 Jul 2016, 3:32 pm
Vongxay, 594 F.3d 1111 (9th Cir. 2010), this is foreclosed. [read post]
17 Mar 2022, 10:01 am
Jacobson, 15 F.3d 129 (2d Cir. 1994). [read post]
15 Dec 2017, 8:20 am
The defendants in United States v. [read post]
10 Jun 2014, 7:04 am
[I]f Plaintiffs were to succeed in this case, Plaintiffs should not be able to recover more than the reasonable royalty rate without a sufficient showing that the storage box drove sales of the trucks themselves. [read post]
19 Jun 2014, 6:24 am
In a June 12, 2014 ruling, Judge John F. [read post]
1 Oct 2014, 5:24 am
Co., 960 F.2d 1020, 1032 (Fed. [read post]
Failure to Challenge Venue in Initial Motion to Dismiss Waives Venue Challenge to Amended Complaint
11 Jul 2017, 7:41 am
As the Fifth Circuit has noted, '[i]f a defendant proceeds first on the merits, as by a motion to dismiss for failure to state a claim . . . and thereafter attempts to challenge jurisdiction over his person or improper venue, the challenge should fail.'” Diem LLC v. [read post]
5 Jan 2017, 7:06 am
Portec, 970 F.2d 816 (Fed. [read post]
22 Jun 2018, 7:24 am
The court denied defendants' motion to dismiss or transfer for improper venue because defendants waived their venue challenge through their litigation conduct. [read post]
26 Oct 2016, 10:00 pm
Sept. 30, 2016), Pennsylvania Senior District Judge Terrence F. [read post]
