Sausaman, D. KentAmerican Journal of Trial AdvocacyD. Kent Sausaman."Criminal Procedure--United States v. Martinez:Does Federal Rule Of Criminal Procedure32(I)(1)(A) Require The District Court To Ask The Defendant Whether He Read The Presentence Investigation Report Prior To Sentencing?"....
(d) In making a recommendation under this section or under section 2072 or 2075, the body making that recommendation shall provide a proposed rule, an explanatory note on the rule, and a written report explaining the body's action, including any minor- ity or other separate views. (e) ...
District Court for the Eastern District of Texas invalidated the Department of Labor’s (DOL) 2024 Final Rule, which increased salary thresholds for overtime exemptions under the Fair Labor Standards Act (FLSA). This decision in State of Texas v. Dep’t of Labor, Case No. 24-cv-468-SDJ,...
The 33 Act primarily controls the initial issuance of securities. In private corporations, the 33 Act places numerous governance requirements on corporate stakeholders during the issuance process. The 34 Act places significant requirements on the reporting and disclosure of information by publicly-held...
* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]There are many opinions about...
”[15]To meet that end, Congress enacted the Prison Litigation Reform Act of 1995 (PLRA).[16]Among other things, the PLRA sought to reduce frivolous prisoner litigation by introducing a “three-strike rule,” which bars a prisoner from proceeding IFP if they have...
President Biden’s weaponization of our justice system against his enemies will do lasting damage to the rule of law.” Rep. Chris Stewart of Utah said the charges “are equally unprecedented and unconscionable. This is a sad day for any American who believes in the rule of law. The ...
The Fed Reg D restrictedwithdrawalsor transfers from savings accounts to six per month. The same rule applied tomoney marketaccounts.3Although the Fed has removed those limits, some banks still impose such limits—and the number of allowed withdrawals can vary from bank ...
148 South Emerson Associates, L.L.C.: Are Attorneys' Fees Included in "Costs" Under Federal Rule of Civil Procedure 41(d)? INTRODUCTION When many people think of the American legal system, they think of a lawyer clamoring to "bury her opponent in boxes of documents" and to file a "...
Federal pleading standards and the business judgment rule after Twombly and IqbalThe business judgment rule is a standard of judicial review that shields directors and officers from liability unless a plaintiff can overcome the presumptions that corporate directors and officers acted on an informed ...