Search for: "In re Kelly (1983)"
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27 May 2008, 9:50 am
Stephens County, No. 07-10729 In a 42 U.S.C. section 1983 action for allegedly causing or failing to prevent the jailhouse death of plaintiff's son, summary judgment for defendant is affirmed where: 1) denial of leave to amend the complaint to name five of the "John Doe" defendants was proper since the statute of limitations rendered amendment futile; and 2) there was insufficient evidence for a reasonable jury to conclude that sheriff personally caused the death or acted… [read post]
17 Oct 2013, 5:00 am
The learned intermediary rule could be Bob Dylan (I know, we’re showing our age, here). [read post]
30 Oct 2012, 4:00 am
Though I haven’t indicated which is which, I will note that, before Quality King, courts were split on whether the first sale doctrine applied to goods first manufactued in the US and then re-imported without authorization. [read post]
30 Oct 2012, 4:00 am
Though I haven’t indicated which is which, I will note that, before Quality King, courts were split on whether the first sale doctrine applied to goods first manufactued in the US and then re-imported without authorization. [read post]
21 Apr 2009, 12:01 pm
Kelly, No. 08-3 In a capital habeas proceeding, the denial of Petitioner's habeas petition is affirmed, where: 1) Petitioner's second trial was not a violation of the Double Jeopardy Clause because the state charged a different gradation offense under Virginia Law in the second indictment; and 2) Petitioner's counsel was not ineffective due to counsel's failure to present certain mitigation evidence, as Petitioner showed no prejudice. [read post]
2 Dec 2020, 2:45 am
QUARTET: MCNALLY, SKILLING, MCDONNELL, AND KELLY The federal wire fraud statute[v] prohibits the use of the interstate “wires” to further a “scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises. [read post]
24 Oct 2010, 9:05 pm
Court (In re Gonzales), 2010 U.S. [read post]
21 Aug 2022, 5:06 am
In National Assn of Broadcasters v. [read post]
21 Sep 2020, 6:43 am
Similarly, the leading cases on the nature and extent of the constitutional right to a good name at Irish law require fair procedures by public bodies (eg, In re Haughey [1971] IR 217; Shatter v Guerin [2019] IESC 9 (26 February 2019)); but, again, the insights in these cases have not been applied to or in the defamation context. [read post]
11 Jan 2020, 5:48 am
It contains an important proviso that such reports notify the recipients that the information shall be kept confidential, shall be used only in connection with the child protective, foster care or related proceedings under the Family Court Act and may not be re-disclosed except as necessary for such proceeding or proceedings and as authorized by law. [read post]
20 Jan 2021, 8:49 am
THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. [read post]
