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Kevin H. Marino, Mr. Aleynikov's lawyer, emphasized the double jeopardy issue during the arraignment.
The double jeopardy issue to me is very important.
Breyer noted Lara's other arguments, but as the double jeopardy issue was dispositive, he declined to address those issues.
According to a Justice Department official, the case was hampered partly by procedural issues: since the state had already charged the Ramoses with assault, investigation and prosecution by the Feds could raise double-jeopardy issues.
If Mr. Sheikh is extradited to the United States after a trial and conviction here, he is expected to argue that he can not be tried again, because of the constitutional protection against double jeopardy, an issue that American officials have indicated greatly troubles them.
Though he and others have insisted immigration reform will be a top priority in 2014, the fact that it is an election year puts the issue in jeopardy.
Subsequent regulatory inspections of Theranos labs found evidence that issues causing "immediate jeopardy to patient health and safety", and inspectors threatened to ban the company from operating any laboratories after it said the problems were not rectified.
It is unlikely that the entire deal is in jeopardy over these final few issues; the economic structure for the league, the heart of the negotiation, was set several weeks ago, but the delay over ancillary issues sets up Thursday as a day of reckoning.
It's too soon to say the deal is in jeopardy, but there are enough issues that this has to be giving Michael Dell and EMC CEO Joe Tucci some cause to worry (and perhaps pop more than their usual supply of antacid), while giving lawyers, accountants and investment bankers lots of billable hours to sort it all out.
In three cases involving certificates of division, the Marshall Court decided issues of double jeopardy, but did not clearly rely on the Double Jeopardy Clause.
Because of his reticence, Mr. Bloomberg's efforts to reform education, his signature issue, are in jeopardy.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com