Search for: "FRANK JURY"
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29 Dec 2022, 5:09 am
‘In these circumstances, it is for the jury to determine whether an ordinary reader would have understood the article as a factual assertion…’” Kahn v. [read post]
27 Dec 2022, 12:09 pm
Two other men involved in the plot, Ty Garbin and Kaleb Franks, already pleaded guilty and received 30 months and four years prison time, respectively. [read post]
9 Dec 2022, 10:00 pm
“The only way to make that decision was to have a bias,” Carol said, in an exclusive interview with us, and this jury had to choose between the word of the captain of the prison guards, or that of an already-convicted black man.Thinking back, Carol recalls that the crux of her decision hinged on the judge’s jury instruction immediately prior to deliberation. [read post]
9 Dec 2022, 3:00 am
The search was one of at least three conducted by an outside team of his properties for classified materials in recent weeks, after they were pressed by a federal judge to attest they had fully complied with a grand jury subpoena to turn over all materials bearing classified markings. [read post]
7 Dec 2022, 5:04 am
Will a jury find that a woman’s desire to work undermines her account of being sexually violated in the process? [read post]
6 Dec 2022, 1:43 pm
Maldonado earned her Juris Doctor degree from the University of Michigan Law School, and she holds a Bachelor of Science in Business from the City University of New York. [read post]
6 Dec 2022, 3:45 am
In 2020, following a long-term investigation into an individual’s cigarette smuggling activity, a process including court-authorized search warrants, wiretaps, grand jury subpoenas, and other investigative tools, New York seized more than $1.3 million in cash and 6,267 cartons of untaxed cigarettes, according to a press release from the Queens’ District Attorney.[2] But even law enforcement successes are costly and only stop a drop of water in the Hudson River of smuggling… [read post]
28 Nov 2022, 9:47 am
For a broad overview these types of cases, see great earlier posts by my Legal Planet colleagues Dan Farber and Richard Frank. [read post]
27 Nov 2022, 9:01 pm
But the trial judge did not go along with their plan, and the jury in Johnson’s first trial was composed of six Whites and six Blacks.But McCulloch’s efforts to exclude Black jurors from sitting on the jury in Johnson’s case did not end there. [read post]
22 Nov 2022, 6:30 am
In Jarkesy, the Fifth Circuit ruled that SEC administrative proceedings are unconstitutional for three independent reasons: (1) the SEC’s pursuit of monetary penalties for securities fraud in an administrative forum violated the petitioner’s Seventh Amendment right to a jury trial in federal court; (2) Congress violated the constitutional non-delegation doctrine by giving the SEC, as part of Dodd-Frank Act amendments to the securities laws, unfettered discretion to file… [read post]
22 Nov 2022, 6:30 am
In Jarkesy, the Fifth Circuit ruled that SEC administrative proceedings are unconstitutional for three independent reasons: (1) the SEC’s pursuit of monetary penalties for securities fraud in an administrative forum violated the petitioner’s Seventh Amendment right to a jury trial in federal court; (2) Congress violated the constitutional non-delegation doctrine by giving the SEC, as part of Dodd-Frank Act amendments to the securities laws, unfettered discretion to file… [read post]
4 Nov 2022, 4:00 am
The findings were quickly attacked by Frank Mitloehner, the head of an agricultural research center at the University of California, Davis. [read post]
1 Nov 2022, 6:43 am
Of the remaining 3%, 2% are ruled on by juries and 1% by judges. [read post]
30 Oct 2022, 10:01 am
Here is my annual list of Halloween torts and crimes. [read post]
27 Oct 2022, 11:48 am
A divided 3-judge Fifth Circuit panel ruled that the proceedings suffered from three constitutional defects: The SEC’s use of an administrative court violated the petitioners’ Seventh Amendment right to a jury trial because the SEC’s fraud claims are analogous to traditional fraud claims at common law to which a right to a jury trial applies when civil penalties are sought. [read post]
27 Oct 2022, 8:28 am
This was far from the familiar halls of civil court, but brought me to the Frank Crowley Criminal Courts Building. [read post]
27 Oct 2022, 6:00 am
A jury found in favor of Frank, but the District Court held that Johnson & Johnson’s failure to label their cotton balls as flammable was not a proximate cause of Frank’s injuries, that the injuries were not foreseeable, and that the jury’s verdict was against the clear weight of the evidence. [read post]
25 Oct 2022, 10:46 am
This post assesses the Solicitor General’s argument, in New York v. [read post]
7 Oct 2022, 4:00 am
A jury found him not guilty, and he is trying to sue the city for damages. [read post]
25 Sep 2022, 8:51 pm
This is because no amount of paper credentials can compensate for a daily diet of standup time in front of a judge and jury. [read post]
