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27 Dec 2011, 3:40 pm by Rick Hasen
   Perhaps most relevant is this in-chambers opinion of Chief Justice Roberts in Lux v. [read post]
12 Feb 2010, 2:54 am by R. David Donoghue
P. 12(b)(6) motion to dismiss counterclaim plaintiff Wal-Mart's Lanham Act and related state law declaratory judgment claims related to Smiley Company's potential use of Wal-Mart's Mr. [read post]
2 Dec 2018, 2:49 pm by Omar Ha-Redeye
 Though commonly referred to as simply “freedom of speech,” the Charter‘s expressive guarantee under s. 2(b) is slightly more refined as, freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; Justice Lamer, in discussing the role of the media in light of competing interests such as the right to a fair trial, stated in Dagenais v. [read post]
1 Oct 2009, 2:14 am
[P]olicy arguments notwithstanding, the statutory language of §1441(b) requiring that the forum defendant be "joined and served" to preclude removal is unambiguous and must be given its plain meaning.2008 WL 3540462, at *5 (citations and quotation marks omitted).By then thoroughly addicted, we mainlined pre-service removal again, here. [read post]
4 Feb 2011, 7:48 am by Adam Baker
Turning to the second question Binnie J reviewed what was then the leading Canadian case on fundamental breach: Hunter Engineering Co. v Syncrude Canada Ltd. [1989] 1 SCR 426. [read post]
10 Aug 2011, 7:46 pm by Lawrence B. Ebert
” Audi’s Mot. to Dismiss Ex. 3-B (Nov. 21, 2007) (D.I. 89-5) (emphasis added). [read post]