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6 Jun 2024, 2:03 pm by John Elwood
But after Escobar’s conviction, Texas discovered serious problems in the laboratory that conducted the DNA test, leading it to close the facility permanently. [read post]
6 Jun 2024, 2:00 pm by Eric Goldman
The puts all of Section 230 jurisprudence in a blender and says the proper technique is to apply the legal concept of “duty,” leading to this recap: If [the legal duty] springs from something separate from the defendant’s status as a publisher, such as from an agreement, see Barnes, 570 F.3d at 1107, or from obligations the defendant has in a different capacity, see Lemmon, 995 F.3d at 1092, then § 230(c)(1) does not apply. [read post]
6 Jun 2024, 7:14 am by Rich Worf
The majority no doubt felt that declining jurisdiction over a substantive issue all but controlled by an intervening Fourth Circuit opinion would simply lead to waste and delay. [read post]
6 Jun 2024, 5:01 am by Eugene Volokh
This unsurprisingly leads to the conclusion that presumed damages are repugnant to free speech values, and should no longer be permitted by common law courts (even if the Supreme Court has decided to lay low on the issue). [read post]
5 Jun 2024, 3:55 pm by Evan George
As my colleague Cara Horowitz points out, this was the case for Big Tobacco and lead paint litigation. [read post]
5 Jun 2024, 1:09 pm by Kate Reeves
Today, 17 of the 18 defamation suits have either been dismissed by the courts or withdrawn by the plaintiffs as the cases approached trial. [read post]
5 Jun 2024, 8:31 am by Kevin LaCroix
As a result, they predict that the new disclosure regime will likely lead to more lawsuits being filed against public companies. [read post]
4 Jun 2024, 3:00 am by Yosi Yahoudai
“Simply put, the plaintiffs say the issue is whether defendants misled the public about fossil fuels’ dangers and environmental impact. [read post]
3 Jun 2024, 10:00 pm by Sherica Celine
Learn about the 2000+ leading attorney authors contributing to our 26 practice areas in the Practical Guidance Author Center . [read post]
Pam Karlan: Justice Thurgood Marshall, who argued Brown for one of the groups of plaintiffs, said it was going to take ten years to desegregate, and now here we are celebrating the 70th anniversary of Brown, and we still haven’t achieved it. [read post]
3 Jun 2024, 5:19 am by Rebecca Tushnet
” The Second Circuit has previously held that a plaintiff could not rely on a survey based on a question that, like this one, “was an obvious leading question in that it suggested its own answer. [read post]
31 May 2024, 8:41 am by LII Team
It is dedicated to the brave plaintiffs and their families who sacrificed so much through the Brown litigation for the benefit of all Americans, Goldman said. [read post]
30 May 2024, 3:58 pm by KJK
Not making a required retraction demand can lead to severe consequences, potentially including complete dismissal of a lawsuit. [read post]
30 May 2024, 2:54 pm by KJK
Counterfeiters can erode brand recognition, lead to poor product reviews, and otherwise damage a company’s sales and reputation. [read post]
30 May 2024, 12:35 pm by Eugene Volokh
A government official can share her views freely and criticize particular beliefs, and she can do so forcefully in the hopes of persuading others to follow her lead. [read post]
30 May 2024, 10:50 am by Amy Howe
The events leading up to the case began in 2017, when the department opened an investigation into NRA-endorsed insurance programs to provide coverage for injuries caused by guns. [read post]
30 May 2024, 6:32 am
The resolution of this issue may potentially lead to an expansion of securities liability concerning Item 303 disclosure claims in the future. [read post]