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15 Nov 2015, 7:48 am
However, sometimes form over substance does matter and plaintiff must be afforded the opportunity to argue prejudice or disclaim the apparent identity of issues.Justice delayed is justice denied? [read post]
1 Oct 2014, 5:17 pm
The court ruled that, no, the mere smell of unburnt marijuana does NOT justify a search. [read post]
21 Apr 2016, 9:24 pm by emagraken
In my view, there is a legitimate cause for concern when a defendant’s offer does not include costs and disbursements in a personal injury case where liability and damages are at issue. [read post]
1 Apr 2015, 6:18 pm by Theodore Harvatin
If the purported error does not prevent the Secretary from confirming the suspension, the report is not fatal and the petition will be denied. [read post]
20 Jun 2013, 9:28 am by Paul Caron
But the question keeps coming up: Why does Indiana need another law school? [read post]
17 Jan 2008, 9:26 am
Werber holds the funds as a third party does not defeat the Administrative Committee’s claim. [read post]
13 Feb 2018, 7:14 am by Docket Navigator
The upshot is that the Court does not believe that it can appropriately decide defendants' invalidity challenge in the context of their motion to dismiss for failure to state a claim. [read post]
22 Jul 2011, 6:49 am by John Steele
Defendants with assigned counsel, however, receive less favorable outcomes compared to their counterparts with public defenders. [read post]
26 May 2017, 5:30 am by Kenneth J. Vanko
Goss states that “an injunction that does not impact employment may still be based on inevitable disclosure. [read post]
18 Feb 2020, 1:32 pm by Charlotte Butash, Benjamin Wittes
It is an important feature of Barr’s insistence on revising that Justice Department recommendation—which triggered the withdrawal from the case of the four career prosecutors who had been litigating it—that the department does not now take issue with its prior calculations. [read post]
24 Jan 2008, 8:45 am
Supreme Court of the State of Washington holds that the crime of "attempted first degree felony murder" does not exist: According to today's unanimous ruling, "It follows that a charge of attempted felony murder is illogical in that it burdens the State with the necessity of proving that the defendant intended to commit a crime that does not have an element of intent. [read post]
25 Feb 2011, 5:03 am
The Supreme Court of Ohio held today that the “firearm specification” provision of state law that adds three years to the prison sentence of an offender who uses a firearm in the commission of a felony does not charge the defendant with a separate criminal offense, and therefore Ohio’s allied offenses of similar import statute (R.C. 2941.25) does not require the firearm specification and the underlying offense to be merged for sentencing. [read post]
3 Jan 2010, 5:58 am by Brian Shiffrin
Defendant gave the police an incorrect combination to the safe, and the police were able to open it only after defendant's mother retrieved the correct combination from a slip of paper in her purse. [read post]
22 Jan 2010, 6:41 am by The Docket Navigator
In granting defendant's motion to stay pending reexamination, the court rejected plaintiff's argument that it would be prejudiced by a 2-3 year stay and a 3-4 year appeals process. [read post]
11 Apr 2007, 7:07 am
  Sure, you can sue a "John Doe" like the Recording Industry Association of America does, but you really need to identify the person at some point. [read post]