Search for: "Unknown Defendant No. 1"
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1 Dec 2011, 7:04 am
New York City Board of Education (relisted after the 11/22 Conference) Docket: 11-386 Issue: (1) Whether the government engages in viewpoint discrimination when it excludes expression that is in all other respects permitted in the forum because it is labeled a “religious worship service”; (2) whether the government creates a designated public forum by opening its facilities broadly to any expression “pertaining to the welfare of the community,” so that it… [read post]
30 Nov 2011, 4:05 pm
In general, when the SEC settles a lawsuit, the settlements/consent orders involve no admission of wrongdoing on the part of the defendant. [read post]
30 Nov 2011, 3:56 am
Here, as in Berardi, where it was unknown and unanticipated that the defendant would qualify for a disability pension, there was no reason to conclude that a general provision providing for equal distribution of "any pension" was intended to opt out of the controlling law in order to distribute portions of any such pension that would not ordinarily be subject to equitable distribution. [read post]
29 Nov 2011, 5:00 am
In effect, therefore, the court suggested that settlements, at least those involving "substantial relief", could not be approved where the defendant made no admissions of fact. [read post]
28 Nov 2011, 11:55 pm
Tamara de Silva is a securities lawyer and independent trader Any questions about this article should be directed to tamara@desilvalawoffices.com Footnotes: 1. [read post]
28 Nov 2011, 11:30 am
But when a public agency asks a court to become its partner in enforcement by imposing wide-ranging injunctive remedies on a defendant, enforced by the formidable judicial power of contempt, the court, and the public, need some knowledge of what the underlying facts are: for otherwise, the court becomes a mere handmaiden to a settlement privately negotiated on the basis of unknown facts, while the public is deprived of ever knowing the truth in a matter of obvious public… [read post]
25 Nov 2011, 8:25 am
In re Amy Unknown, 636 F.3d 190, 198 (5th Cir. 2011). [read post]
22 Nov 2011, 9:00 pm
All I did was talk about the [unknown age of the blood]. [read post]
22 Nov 2011, 1:56 pm
Practice Tip: Joe Hand Promotions is a frequent litigant and has brought several cases this year against defendants alleged to have illegally intercepted and/or broadcast UFC fights. [read post]
22 Nov 2011, 12:12 pm
Pre-existing commercial activity, whether known or unknown, is generally excluded from coverage under the enforcement policy. [read post]
22 Nov 2011, 11:02 am
West VirginiaDocket: 11-224Issue(s): Whether, when a state attorney general claims parens patriae authority and sues out-of-state defendants on behalf of private individuals under a state statute which requires that any recovery go to those individuals rather than the state, the defendants may remove the case as a “class action” under the Class Action Fairness Act of 2005, 28 U.S.C. [read post]
20 Nov 2011, 4:20 pm
The first, was in the case of Ting Lan Hong v Persons Unknown [2011] EWHC 2995 (QB) – on which we have already commented. [read post]
20 Nov 2011, 8:41 am
It held: 1. [read post]
18 Nov 2011, 8:54 am
Sept. 1, 2011); Lester v. [read post]
17 Nov 2011, 2:00 am
NRS 78.590(1). [read post]
15 Nov 2011, 7:30 am
Other provisions may be added, but these are the fundamentals: 1. [read post]
11 Nov 2011, 10:54 am
A recent Washington Supreme Court Case held that: (1) as a matter of first impression, a grantor's duty to defend title, in a Statutory Warranty Deed ("SWD"), is not satisfied by a settlement conceding a third party's claim to title, regardless of the merits, and payment to the grantee of damages for the value of the portion by which the title is diminished, and (2) grantees did not waive the warranty to defend title. [read post]
10 Nov 2011, 12:13 pm
Roper (relisted after the 11/4 Conference) Docket: 11-6224 Issue(s): (1) Did the state court err in concluding that the failure of trial counsel to investigate and present evidence of a capital defendant’s turbulent family background and impaired mental functioning did not constitute objectively deficient performance? [read post]
10 Nov 2011, 9:54 am
And sometimes, as a father, it is better to stand down and say nothing, rather than try and defend their actions. [read post]
9 Nov 2011, 3:25 am
Here, there’s another claim, too, which might be the easiest to prove: negligence per se, in which a plaintiff alleges that the defendant violated a particular statute or regulation that was intended to protect like the plaintiff. [read post]