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it to advance the argument that his actions are analogous to a passive republication. Surveying the cases shows that this ain't that. Relying on Clark, Dershowitz argues: "[W]here the allegedly defamatory statements have been widely disseminated over the Internet via prominent news organizations
of the online statement could reach." Id. Because Dershowitz did not make only passive changes to a website or the like, he can find no refuge in Clark. His 2018-19 statements are alleged to be "a separate aggregate publication from the original on a different occasion [and] not merely a delayed c
can give a plaintiff time to find a new attorney to represent her without delaying trial. Gorbaty v. Wells Fargo Bank N.A., 2011 WL 318090, at *3 (E.D.N.Y. Feb. 1, 2011); [ Gleason v. Zocco 941 F. Supp. 32, 36 (S.D.N.Y. 1996) (noting that granting a motion to disqualify "immediately after the action
ative defense that a plaintiff has a right to rebut, it is not appropriate for resolution on a motion to dismis Maxwell 165 F. Supp. 3d 147, 155 (S.D.N. . e Court of Appeals has said that if "the defendant's reply was made in bad faith ... the defense fails" and that "[i]t is the function of the j
d foray" into CBS's news files containing related information. Such a result, the court IS See Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50, 57 (Nev. 2000) ("Privileges relating to confidential communications, such as those between attorney and client, between doctor and pa
a. 2009) 12 Cooper Industries. Inc. v. Leatherman Tool Group. Inc., 532 U.S. 424 (2001) 12 Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50 (Nev. 2000) 18. 19 E & J Gallo Winery v. Encana Energy Servs.. Inc.. 33 Media L. Rep. 1413 (S.D.N.Y. 2004) 2 iii EFTA00728011 E
Stillman. Inc. v. Globe Newspaper Co. 633 F.2d 583 (1st Cir. 1980) 4, 5 Cablevision Systems Corp. v. DePalma, No. CV-87-3528 (JLC), 1989 WL 8165 (E.D.N.Y. Jan. 17. 1989) 7 Chick-Fil-A. Inc. v. CFT Dev.. LLC 652 F. Supp. 2d 1252 (M.D. Fla. 2009) 12 Cooper Industries. Inc. v. Leatherman Tool Group. I
d foray" into CBS's news files containing related information. Such a result, the court IS See Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50, 57 (Nev. 2000) ("Privileges relating to confidential communications, such as those between attorney and client, between doctor and pa
a. 2009) 12 Cooper Industries. Inc. v. Leatherman Tool Group. Inc., 532 U.S. 424 (2001) 12 Diaz v. Eighth Judicial Dist. Court ex rel. County of Clark. 993 P.2d 50 (Nev. 2000) 18. 19 E & J Gallo Winery v. Encana Energy Servs.. Inc.. 33 Media L. Rep. 1413 (S.D.N.Y. 2004) 2 iii EFTA00207334 E
Stillman. Inc. v. Globe Newspaper Co. 633 F.2d 583 (1st Cir. 1980) 4, 5 Cablevision Systems Corp. v. DePalma, No. CV-87-3528 (JLC), 1989 WL 8165 (E.D.N.Y. Jan. 17. 1989) 7 Chick-Fil-A. Inc. v. CFT Dev.. LLC 652 F. Supp. 2d 1252 (M.D. Fla. 2009) 12 Cooper Industries. Inc. v. Leatherman Tool Group. I
. Another Silk Road defendant, Roger Thomas Clark, awaits sentencing after entering a guilty plea earlier this year. Prosecutors have characterized Clark as a central figure who worked closely with Ulbricht. He is scheduled to be sentenced in May by U.S. District Judge William H. Pauley III. Counsel
its own appetites — and its own pipeline — when it forged the ICIJ collaboration on Xinjiang. United States Department of Justice U.S. Attorney's Office I Southern District of New York EFTA00065263
149—50 n.29. 47 S. Ct. 21, because we must consider the constitutional issues whether or not they apply to the specific facts of Ms. Wilds case, ()Clark. 543 U.S. at 380. 125 S. Ct. at 724. This is not some groundbreaking method of statutory interpretation—it is simply the canon of constitutional avo
dispute that it never conferred with the victims and kept the Agreement secret. See Gov't En Banc Brief at 5. 10 In July 2019, the U.S. Attorney's Office for the Southern District of New York (`SDNY") had unsealed an indictment charging Epstein with a sex-trafficking conspiracy and substantive sex trafficking involving conduct that occur
t trial is the carefully limited exception."). 15 EFTA00093060 Case 21-770. Document 17-1, 04/01/2021, 3068296, Page18 of 31 In United States v. Clark, 448 F. Supp. 3d 1152, 1155 (D. Kan. 2020), the court emphasized that "[m]ost courts addressing a motion for temporary release under §3142(i) have
to flee. See United Stares v. Zinger, No. 00 Cr. 773, 2000 WL 1134364, at •1 8 EFTA00093087 C6sesel.213-Thilg240401Mt Db~t9tad420Ei1O3 tth M10 (E.D.N.Y. Aug. 4, 2000) (Gleeson, J.) (rejecting defendant's application for bail in part because home detention with electronic monitoring "at best . . . lim
pelling reason." § 3142(i).3 The defendant bears the burden of establishing their entitlement to temporary release under § 3I42(i). United States v. Clark, 448 F. Supp. 3d 1152, 1155 (D. Kan. 2020) (citation omitted). Courts considering whether pretrial release is necessary for the preparation of the
not prevent flight; at best, it limits a fleeing defendant's head start." United States v. Zarger, No. 00- CR-773-S-1 (JG), 2000 WL 1134364, at •1 (E.D.N.Y. Aug. 4, 2000). Furthermore, while the Defendant now represents that she would be released to the custody of a family member, who would serve as the
f punishment to which the Ex cirst Facto Clauses apply."); United States Crabtree, 754 F.2d 1200, 1201-02 (5th ir.1985) (opinion of Chief Judge Clark as a single circuit judge) ("[ (Section 3143(a)(I) ] is merely procedural and does not alter a substantive right. [It) does not increase the punis
fendant on appeal following a conviction is a matter of * pro- cedure and does not bearylin live rights."); United States 598 F.Supp. 453, 468 (S.D.N. 9 mo- tion to revoke bail) ("[Defendant's] entitle- ment to bail, and the criteria by which that entitlement will be measured, constitute 'modes
Entities connected to both Clark and Southern District of New York

Jeffrey Epstein
PERSON
United States
LOCATIONthe Southern District
LOCATION
Department of Justice
ORGANIZATIONFBI
ORGANIZATION
Ghislaine Maxwell
PERSON
Alexander Acosta
PERSON
Prince Andrew
PERSON
Bradley Edwards
PERSON
Kenneth Marra
PERSON
George W. Bush
PERSON
Scarlett Johansson
PERSONLeon Black
PERSONJack Goldberger
PERSONJane Doe
PERSON
Julie K. Brown
PERSON
New York
LOCATION
Michael Jackson
PERSONSouthern District
LOCATION
Donald Trump
PERSON