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17 Jun 2018, 12:00 am
To adequately state a claim under Section 10(b) of the Exchange Act and successfully implement Rule 10b-5, a plaintiff must allege facts sufficient to show: (1) a material misrepresentation or omission by the defendant; (2) scienter; (3) a connection between the misrepresentation or omission and the purchase or sale of a security; (4) reliance upon the misrepresentation or omission; (5) economic loss; and (6) loss causation. [read post]
3 Jul 2012, 6:23 pm
According to State Attorney General, Jim Hood, the Miller, decision does not have a large impact for juveniles that have already been sentenced to life without the possibility of parol due to the mandate of the parol statute (MS § 47-5-138). [read post]
9 Feb 2011, 5:43 am
However, the court entertained the defendant's argument that, pursuant the Electronic Home Detention Law (730 ILCS 5/5-8A-3 (West 2008)), there are several instances where a defendant may be permitted to serve a portion of his sentence in electronic home detention, and that a defendant is subject to arrest and prosecution for the crime of escape if he does not comply with his home monitoring conditions. [read post]
14 Aug 2012, 12:36 pm
The lead defendant requirement does not prevent J. [read post]
11 Sep 2018, 3:44 am
…We hold that a plaintiff does not comply with the mandatory pre-suit notice provision of Tennessee Code Annotated section 29-26-121(a)(1) when the plaintiff does not give written pre-suit notice to a health care provider that will be named as a defendant—even though that health care provider has knowledge of the claim based on pre-suit notice the plaintiff sent to another potential defendant. [read post]
20 Mar 2013, 1:49 pm
It provides the following rules for prison inmates: A defendant who is convicted of first degree murder (720 ILCS 5/9-1) or terrorism (720 ILCS 5/29D-14.1) does not get early release and must serve 100% of his sentence. 730 ILCS 5/3-6-3(a)(2)(i). [read post]
22 Mar 2022, 10:46 am
.): [Defendant] Ms. [read post]
23 Jul 2019, 8:07 am
Proposition G (San Francisco June 5, 2018, Ballot)A [read post]
24 Feb 2016, 7:26 am
A defense expert testified that the step does not “have an obvious visual cue provided. [read post]
24 Feb 2016, 7:26 am
A defense expert testified that the step does not “have an obvious visual cue provided. [read post]
9 May 2010, 11:10 pm
Au-Tomotive Gold defended based on the first-sale doctrine. [read post]
9 Jul 2007, 2:18 am
Juvenile male, No. 06-30587 (7-5-07). [read post]
4 Feb 2015, 9:04 pm
In November I wrote in Jurist on a Third Circuit panel’s refusal to order that sports great Jim Thorpe be disinterred and reburied under provisions of the Native American Graves Protection and Repatriation Act (NAGPRA); in response, Elizabeth Varner, Diane Penneys Edelman and Leila Amineddoleh of the Lawyers’ Committee for Cultural Heritage Preservation argue that the panel could have based its result on specific language in the statute rather than via the roundabout path it did take… [read post]
5 Feb 2017, 7:05 pm
Valuable information including witnesses could be lost over time, especially if the accused person does not know that he or she must defend themselves against the NJ traffic violation.See the N.J. law regarding the issue here:N.J.S.A. [read post]
7 May 2020, 10:25 am
A finding of no plain error does not preclude a finding of ineffective assistance of counsel State v. [read post]
2 May 2008, 6:24 am
Tapia-Romero, No. 05-50121 (5-1-08). [read post]
6 May 2020, 5:45 am
We affirmed and explained that if a complaint does not commence an action within the meaning of Rule 3 it does not commence an action that a later amendment can relate back to within the meaning of Rule 15.03. [read post]
11 Feb 2015, 1:32 pm
Feb. 5, 2015). [read post]
7 Apr 2022, 9:00 am
App. ___; 2022 NCCOA 211 (April 5, 2022). [read post]
2 Feb 2010, 10:33 am
If one of the connections identified in rule 17.02 (excepting subrules (h) and (o)) is made out, the defendant bears the burden of showing that a real and substantial connection does not exist. [read post]
