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28 Sep 2015, 10:53 am
The guitars and amplifiers were manufactured by five major manufacturers—Fender, Gibson, Yamaha, Hoshino and Kaman. [read post]
26 Sep 2015, 1:21 pm
Except for functional trade dress, constitutional lawyers would say it’s all expressive uses. [read post]
Grieving Parents (Still) Can’t Sue Topix For Son’s Oxy Overdose–Witkoff v. Topix (Forbes Cross-Post)
24 Sep 2015, 10:01 am
Technicolor, Gibson v. [read post]
23 Sep 2015, 9:01 pm
None of this is to say the plaintiffs’ challenge to the SMYP provisions of SB 1070 will or should succeed; almost all invidious motive claims founder at the point of adducing adequate proof of improper government purpose. [read post]
10 Sep 2015, 9:01 pm
AT&T tried to move the dispute from the courts to the arbitration process, relying on a provision in the consumer contract that required all disputes to be arbitrated rather than litigated in court, and that also required all arbitrations to be individualized, rather than class-oriented. [read post]
10 Aug 2015, 2:11 pm
Several alternative causes of action, but not all, were also reinstated, including breach of fiduciary duty, DTPA, and civil conspiracy. [read post]
10 Aug 2015, 2:11 pm
Several alternative causes of action, but not all, were also reinstated, including breach of fiduciary duty, DTPA, and civil conspiracy. [read post]
28 Jul 2015, 6:00 am
That all changed in 2007, when, in Bell Atlantic Corp. v. [read post]
25 Jul 2015, 10:05 am
Gibson, “Is Silica the Next Asbestos? [read post]
16 Jul 2015, 9:01 pm
Before teaching, Professor Amar spent a few years at the firm of Gibson, Dunn & Crutcher.Follow @prof_amar on Twitter [read post]
18 Jun 2015, 9:01 pm
(It turns out that, in federal courts at least, plaintiffs challenging the use of race by universities do not need to establish that they are disgruntled in the sense that they would have been admitted absent the use of race; the fact that a university improperly considers race at all could infect the process, the Supreme Court has said, regardless of whether the infection actually altered the admissions outcome of the person bringing the challenge.) [read post]
Takeaways From the Facebook Threat and Title VII Head Scarf Cases Handed Down by the Court This Week
3 Jun 2015, 9:01 pm
” But Justice Scalia did say that a Title VII plaintiff like Ms. [read post]
20 May 2015, 2:01 pm
Hugh Gibson (Nov. 5, 1985). [read post]
14 May 2015, 7:28 am
That is all too likely to translate into “what follows has no basis in existing law. [read post]
7 May 2015, 9:01 pm
It is true that the Supreme Court, in applying this “strict scrutiny” narrow tailoring/compelling interest test had very rarely actually ruled in favor of a plaintiff asserting a free exercise claim against a general law. [read post]
4 May 2015, 4:29 am
Accordingly, the court found the defendants’ motion must be denied unless, accepting as true all well-pled allegations of the complaint and drawing all reasonable inferences from those allegations in plaintiff’s favor, there is no “reasonably conceivable set of circumstances susceptible of proof” in which plaintiff could establish that defendants breached their fiduciary duties. [read post]
23 Apr 2015, 9:01 pm
So, for example, when a public-figure plaintiff sues a magazine under the state tort law of defamation, the defendant can properly invoke the First Amendment as a defense, even though the plaintiff is a private individual rather than the government, because the plaintiff is relying on state-adopted tort law for his claim. [read post]
25 Mar 2015, 4:21 am
All great so far! [read post]
12 Mar 2015, 9:01 pm
And when they did engage in the standing analysis at all, the Justices seemed not to know what they themselves had said in past standing cases, including a particularly relevant one. [read post]
1 Mar 2015, 4:18 pm
All the defendants are charged with conspiracy to commit misconduct in public office. [read post]
