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5 Apr 2011, 1:00 am
Carter was represented by defendant William Favreau, an attorney with defendant O'Connell & Aronowitz (hereinafter O & A). [read post]
17 Aug 2017, 10:37 am
The fact that § 924(a)(2) only punishes defendants who “knowingly violate” § 922(g) begs the question “what does it mean to knowingly violate the statute? [read post]
21 Aug 2019, 9:52 am
The law does not cover automobiles, but Illinois does have a separate law for vehicular theft. [read post]
13 May 2020, 6:34 am
But it does not look like defendant challenged that portion of the verdict post-trial. [read post]
6 Apr 2010, 4:33 am
April 2, 2010).* Violation of a prison directive concerning use of a flashlight during a rectal search does not translate into a § 1983 case. [read post]
14 Jul 2016, 9:55 pm
To prevail on a claim of ineffective assistance of counsel, the defendant must show (1) that his lawyer's performance was objectively deficient (whatever that means) and (2) that it was prejudicial.Yesterday, I was bitching about Judy Lanzinger's question to Nathan Ray and about his answer during oral argument in State v. [read post]
29 Jun 2009, 7:01 am
Baxter, in which Judge James Carr (of the Northern District of Ohio) severed and remanded claims against the non-diverse health care providers to create diversity as to the drug company defendant.We raised a few questions at the end of that post, asking, among other things, whether the holding was limited to situations where (1) the drug company removed before it was aware that health care providers had been named as defendants or (2) a federal multidistrict litigation proceeding… [read post]
4 Sep 2020, 9:21 am
Western Stone & Metal Corp. et al, 2-20-cv-01931 (CDCA 2020-08-14, Order) (Dolly M. [read post]
10 Oct 2022, 5:17 pm
See 735 ILCS 5/2-619 (West 2020). [read post]
3 Nov 2006, 4:12 am
Nov. 2, 2006) (available here), accepts a defendant's argument that the district court at sentencing improperly applied an enhancement for obstruction of justice. [read post]
6 Aug 2015, 11:43 am
A simple response to argue against the motion for net worth discovery is that the defendant does not have enough discovery to file a plausible no-evidence summary judgment motion. [read post]
1 May 2015, 7:46 am
Applicability of these RLUIPA claims, however, hinged on two questions: (1) in filing the Chestnut Ridge Action, did the Defendants “impose or implement” a land use regulation, and (2) if not, did Defendants take a “government action” in violation of RLUIPA? [read post]
19 Oct 2023, 2:01 pm
" That is an inaccurate usage of the term (though it does hint at the historical origin of the phrase, more on this later). [read post]
11 Apr 2016, 4:58 am
HB 2 does not “nullif[y] 30 years of common-law precedent. [read post]
3 Apr 2018, 3:03 pm
Furthermore, the Ninth Circuit held, “the exemption does not cover salesmen who were primarily engaged in servicing. [read post]
12 Mar 2013, 2:57 pm
Id. at 2-3 n.5. [read post]
25 Aug 2009, 2:45 pm
Under the federal rules, the burden does not fall on plaintiff to learn whether, how and where defendant keeps relevant documents. [read post]
28 Oct 2022, 9:21 am
Based on the holdings of Van Buren and hiQ Labs II, this conduct does not trigger CFAA liability; 2) Even if this conduct were sufficient to trigger direct CFAA liability, the CFAA does not provide for vicarious liability. [read post]
22 Dec 2021, 7:33 am
It provides general information and a general understanding of the law, but does not provide specific legal advice. [read post]
21 Jun 2021, 6:36 am
Appeal from order, same court and Justice, entered on or about March 2, 2021, which granted defendants’ motion to dismiss the complaint alleging causes of action for breach of fiduciary duty and aiding and abetting breach of fiduciary duty, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. [read post]
