There are not many true affirmative defenses to punitive damages, much less ones that can be established on the face of the complaint. One potential basis for dismissing a claim for punitive damages, ...

Flowers may die, and old soldiers may fade away, but statutes do neither. They live on indefinitely. That is true in the United States. Statutes may become obsolete or fall into desuetude, a legal ...

Rape cases are prevalent in the news — from Brock Allen Turner, a Stanford University swimmer convicted of rape last year, to Bill Cosby’s current criminal case. In those cases, intent seems clear; ...

So Magistrate Judge Stephanie Bowman concludes (correctly, I think) in her Report and Recommendation in today's Hicks v. Faris (S.D. Ohio) [UPDATE 9/27/24: the District Court adopted the Magistrate ...

Oliver Wendell Holmes, Jr., was on to something when he said that even a dog knows the difference between “being stumbled over and being kicked.”[1] Anglo–American criminal law traditionally has ...

Type to search articles, cases, and authors. Press ↵ to view all results. Next week, the Supreme Court has another opportunity to consider the scope of criminal restitution. Lagos v. United States ...

Legislation to end the statute of limitations for second- and third-degree criminal sexual conduct passed out of the Michigan House Criminal Justice Committee Tuesday. Under Michigan law, there is ...

Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and ...

Businesses, LLC managers and fiduciaries who handle other parties’ funds should take note: The defense of commingling is no longer available, and the consequences of unauthorized use of another’s ...