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11 Sep 2023, 4:37 am by Peter Mahler
The majority held that plaintiff’s allegations that the directors permitted his brother and mother to “loot” the company by taking corporate funds for personal use and taking profits through excessive compensation overcame the business judgment rule’s presumptive shield at the pleading stage. [read post]
6 Sep 2023, 2:35 pm by Ben Sperry
As Gus put it in his version: The proposal offered here is not that platforms be able to identify their speaker – it’s better described as that they not deliberately act as a liability shield. [read post]
24 Aug 2023, 5:55 am by Ciara Torres-Spelliscy
Telemarketing Associates, Inc. (2003) that “the First Amendment does not shield fraud. [read post]
21 Aug 2023, 7:01 am by Maksym Vishchyk
The underlying logic is that full-scale CTL application may otherwise be used to prosecute conflict-related conduct covered by the combatant’s immunity, thus creating normative conflicts (Trapp (2014) 170). [read post]
21 Aug 2023, 2:32 am by centerforartlaw
The defendants asserted that the Supreme Court’s ruling in Dastar Corp. v. [read post]
21 Aug 2023, 2:21 am by Kurt R. Karst
  This begs the question of whether these courts, and other courts looking at other state law claims, are actually undermining FDA’s authority to determine whether a drug can be used safely and effectively under its proposed conditions of use. [read post]
18 Aug 2023, 4:30 am by Michael C. Dorf
There, the Court mostly construed the habeas corpus statute to find that a federal marshal who used deadly force to protect a Supreme Court Justice against a would-be assassin was enforcing federal law and thus shielded from state prosecution. [read post]