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6 Aug 2007, 4:52 pm
Made even more exciting when it's about the law to be applied in the interpretation of a contract.Justice Crosky writes a nice little -- okay, at 44 pages, so, not-so-little -- opinion about what law one uses when you're interpreting a contract. [read post]
10 Jun 2010, 6:52 am by Antitrust Today
  Remaining defendants include other egg producers such as Cal-Maine Foods Inc., Michael Foods Inc., and Rose Acre Farms. [read post]
2 Dec 2011, 11:27 am
  But the prosecutor nonetheless asks the defendant at trial to reenact the murder for the jury by using the prosecutor as the victim -- essentially, to strangle the prosecutor like defendant admits he stranged the victim, Ted Neff.The trial court says, no, we're not going to have the defendant pretend to strangle the prosecutor in front of the jury. [read post]
26 Oct 2009, 3:19 pm
., because you're the moving party and have to admit that the other side's evidence raises a certain fact), you all of the sudden have conclusively admitted that fact at trial. [read post]
6 Jun 2008, 7:38 pm
"THE COURT: Go ahead and explain to me that -- nobody will know about, the other jurors won't know about our discussion here -- but I want to know what went on in the jury room that made you come up with a guilty verdict when you're now indicating that that was not really your desire or intent. [read post]
13 Jan 2011, 10:07 am
  Even more so when -- because you're a nut job, quite frankly -- your second threat comes from a letter you sent from your jail cell (which you give to the jailer) in which you quite clearly print, on the outside of the envelope:  "Death Threat, Via U.S. [read post]
13 Apr 2011, 1:12 pm
They're individuals that are among us that are not human. [read post]
4 Dec 2008, 9:45 pm
Ergo the case gets reversed.Now, mind you, you're still going to have to eventually oppose the summary judgment motion, since on remand, defendant will simply refile it, and give you the right amount of notice this time. [read post]
12 Nov 2008, 10:24 pm
The distinction is still relevant, of course, in a number of different areas, the most important of which is whether you're entitled to a jury trial, but for the most part, you can go through life just fine with only a dim appreciation for the complexities occasionally engendered by the difference between law and equity (and, by implication, legal and equitable claims).But sometimes, you gotta know more. [read post]
11 Feb 2009, 12:56 pm
They're jeans that sell retail for $200 or so, so you can imagine how the manufacturer felt when it discovered that they were being sold in Costco. [read post]
23 Nov 2010, 12:39 pm
  But it doesn't do what a dismissal would, which is to create a deterrent effect by making the situation worse for the perpetrator in the event they're caught.Justice Yegan distinguishes an earlier Court of Appeal case, Morrow, in which a dismissal of criminal charges was upheld based upon similar facts by arguing (inter alia) that the misconduct in that case was worse since it was performed by a prosecutor. [read post]
19 Jan 2012, 12:42 pm
  But if they're not, she's not.So whatchathink? [read post]
3 Dec 2007, 12:21 pm
Do you have a right -- indeed, inter alia, a federal constitutional right -- to have at least a hearing on the merits before you're detained after you've done your year? [read post]