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17 May 2024, 1:07 pm
This week the Tenth Circuit vacates that opinion and requests supplemental briefing on how the Supreme Court's recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. [read post]
15 May 2024, 1:19 pm
Atonio, 490 U.S. 642, 652-53 (1989), quoting Albemarle Paper Co. v. [read post]
15 May 2024, 7:41 am
Smith Corp., 521 U.S. 179, 191 (1997), citing Connors v. [read post]
15 May 2024, 4:00 am
5/15/2000: U.S. v. [read post]
14 May 2024, 6:00 am
Maggs (U.S. [read post]
13 May 2024, 1:59 pm
In Holder v. [read post]
13 May 2024, 4:50 am
” In the case law, there is something of a presumption in favor of intervention: “Whether intervention is sought as a matter of right under CPLR 1012 (a), or as a matter of discretion under CPLR 1013, is of little practical significance since a timely motion for leave to intervene should be granted, in either event, where the intervenor has a real and substantial interest in the outcome of the proceedings” (Maggi v U.S. [read post]
11 May 2024, 4:00 am
U.S. (1943). [read post]
10 May 2024, 9:30 pm
H/t Michael Banerjee The U.S. [read post]
10 May 2024, 5:10 am
In Pliva, Inc. v Mensing (564 U.S. 604 [2011]), the Supreme Court found that these plaintiffs’ state-law claims against generic manufacturers were preempted by federal law under the Supremacy Clause to the extent that state-law failure-to-warn statutes required generic drugs to provide more stringent, safer warning labels. [read post]
9 May 2024, 11:15 am
On May 8, the U.S. [read post]
9 May 2024, 11:15 am
On May 8, the U.S. [read post]
9 May 2024, 7:00 am
“Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4] The U.S. [read post]
9 May 2024, 7:00 am
“Obscenity” is one of a few categories of speech that may be regulated by states consistent with the First Amendment (see Penal Law § 235.00).[4] The U.S. [read post]
9 May 2024, 4:00 am
On 7/24/1974, the Supreme Court would decide U.S. v. [read post]
8 May 2024, 2:26 pm
With respect to retirement savings, the most recent version of the U.S. [read post]
7 May 2024, 4:06 am
In the year after Plessy v. [read post]
6 May 2024, 9:20 am
See James v. [read post]
6 May 2024, 8:55 am
That decision introduced “antisubordination” into the U.S. [read post]
6 May 2024, 8:00 am
EEOC v. [read post]