Search for: "Unknown Defendant No. 1"
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12 Jun 2013, 6:26 pm
In the absence of a 1984 specific statutory amendment (L.1984, Ch. 670, eff. 8/1/84), defendant's absence or unavailability was not excludable grounds for pre-readiness trial delay unless the (as distinct from a--one of many) but for cause. [read post]
12 Jun 2013, 6:31 am
VI Unknown Named Agents (emphasis added). [read post]
10 Jun 2013, 6:02 pm
These elements are similar — but not the same as — the issues in many tort claims: (1) injury, (2) violation of a duty by the defendant, and (3) proximate cause. [read post]
10 Jun 2013, 6:28 am
Turning now to fair use, this requires the defendant to prove use (1) other than as a mark, (2) in a descriptive sense, and (3) in good faith. [read post]
6 Jun 2013, 12:28 pm
The suit has also named several Jane Does as defendants, a legal tactic commonly used as a placeholder when the identities of defendants are unknown. [read post]
5 Jun 2013, 5:29 am
In such cases, it is more probable than not that the individual has her illness as a result of unknown causes, rather than as a result of exposure to hazardous substance. [read post]
4 Jun 2013, 7:07 pm
In the instant case, there are a number of factual issues for a jury to decide that are relevant to the determination as to whether the defendant's acts constituted a substantial and unjustifiable risk of death, namely: (1) Was the injection intravenous or subcutaneous? [read post]
4 Jun 2013, 11:22 am
Tice, 33 Cal.2d 80, 199 P.2d 1 (1948), may have involved uncertainty about the shooter, but there was no doubt that a pellet from one of the two defendants’ guns hit the plaintiff and caused a legally recognized injury. [read post]
3 Jun 2013, 8:57 am
Defendant Rodolfo Cruz has already entered a plea to a reduced charge and is cooperating with the investigation. [read post]
2 Jun 2013, 8:33 pm
– Article 1, Section 16, Florida Constitution For over a year, the issue of race has hung over the George Zimmerman case like a persistent thunderstorm. [read post]
2 Jun 2013, 8:33 pm
– Article 1, Section 16, Florida Constitution For over a year, the issue of race has hung over the George Zimmerman case like a persistent thunderstorm. [read post]
31 May 2013, 8:49 am
On the res ipsa loquiturargument, the court’s analysis was more extensive, examining the three conditions that must exist in order for the doctrine to apply under Kansas law: (1) the thing that caused the injury must have been within the exclusive control of the defendant; (2) the occurrence must be something that ordinarily does not happen in the absence of negligence; and (3) the plaintiff cannot have been contributorily negligent. [read post]
27 May 2013, 4:18 am
As Lord Sumption pointed out in argument, in order for a defendant to be party to a common design, she must share with the other party, or parties, to the design, each of the features of the design which make it wrongful. [read post]
24 May 2013, 10:09 am
May 7, 2013), a 2-1 majority of a panel of the United States Court of Appeals for the Second Circuit held that plaintiffs’ failure to plead direct misrepresentations from defendant to plaintiffs was fatal to their market manipulation claim under Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. [read post]
22 May 2013, 11:10 am
Further lawsuits are expected against the above named and other defendants. [read post]
10 May 2013, 1:43 pm
(2) what renders an explanation plausible, and when is “unknown on the current evidence” an appropriate explanation to offer? [read post]
10 May 2013, 7:06 am
All four defendants are scheduled to be sentenced July 29, 2013, at 1:30 p.m. in Department C-57, Central Justice Center, Santa Ana. [read post]
8 May 2013, 7:29 am
But there is reason to believe that courts are recognizing the trolls’ disingenuous efforts to join scores of unknown defendants in a single action. [read post]
4 May 2013, 3:17 pm
Point (1) is vacuous. [read post]
1 May 2013, 5:01 pm
” The case relating to OT2 is therefore also not proceedings which correspond to A 105(1)(a) or (b). [read post]
