Tag Archives: Defendant&#039s

Should there be (and will there be) an appeal of federal judge's imposition of "shorter sentence because … of [defendant's] decision to be sterilized"?

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In order to set aside the property settlement agreement based on defendant's fraudulent concealment, plaintiff must prove by clear and convincing evidence that defendant made a material misrepresentation with the intent that it be relied upon, as well as

Law Lessons from LINDA M. GEFFNER v. RAMI E. GEFFNER, App. Div., A-2896-08T2, May 11, 2011: Under Rule 4:50-1, a party may move for relief from a judgment or order for the following reasons: (a) mistake, inadvertence, surprise, or excusable … Continue reading

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M.D.Tenn.: Defendant's driving slowly at 4 am out of a parking lot in a high crime area but totally compliant with the officer's requests did not show RS

The stop of defendant's car for exiting a parking lot too slowly in a high crime area lacked reasonable suspicion, and the stop and its fruits are suppressed. United States v. Williams, 2011 U.S. Dist. LEXIS 40888 (M.D. Tenn. April … Continue reading

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Defendant's product is better so plaintiff couldn't show injury from false advertising

American Medical Systems, Inc. v. Biolitec, Inc., — F.Supp.2d —-, 2011 WL 1195889 (D. Mass.) I'm going to start by quoting the court's intro to the patent piece of this case, because I like it: This intricate and lavishly briefed … Continue reading

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Comment on Defendant's Silence

Image via Wikipedia Coleman v. State, 36 Fla. L. Weekly D618 (Fla. 1st DCA Mar 23, 2011): Defense Appeal, Reversed – Any comment that is "fairly susceptible" of being interpreted as a comment on silence will be treated as such. … Continue reading

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