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5 May 2011, 1:49 pm
[N]othing in this Order prevents Defendant from conducting appropriate discovery to determine whether the Myspace.com accounts do, in fact, belong to Plaintiff.Id. at *8.Another reason to avoid subpoenaing social networking sites in the first instance is uncertainty over whether they are protected from direct discover under the federal Stored Communications Act (“SCA”). [read post]
28 Jul 2009, 3:00 am
By Peter Friedman In Part One, we asked whether there is any solution to the problem created by mandatory arbitration clauses and class action waivers in consumer online transactions. [read post]
11 Nov 2014, 7:27 pm
We also consider the extent to which popular sovereignty can be constrained under the U,S, constitutional system.II. [read post]
12 Oct 2009, 7:38 am
Proposed Legislation The following is a brief survey and critique of three states that have enacted or attempted to enact legislation to deal with homeowners associations foreclosing on properties for unpaid assessments. [read post]
20 Jun 2018, 5:00 pm
The SG says that whether review is warranted “is a close question,” but “[o]n balance” the case warrants review to resolve a conflict between the Washington Supreme Court and the U.S. [read post]
29 Mar 2023, 5:01 am
"[9] This means that you do have to take the time and effort to review such assertions, even if in the aggregate this means a good deal of time and effort for the employees of the New York Times put together. [read post]
1 Jul 2021, 9:43 am
["The gravity of the privacy concerns in this [case] is further underscored by the [amicus briefs supporting the challenge].... [read post]
20 Nov 2022, 9:55 am
Robinson, 9 F.4th 217, 226 (3d Cir. 2021)). [read post]
3 Jun 2022, 10:03 am
” Id. at 905 n.13. [read post]
11 Jan 2024, 2:58 pm
I. [read post]
24 May 2019, 3:01 pm
CHAMPIONS OF THE GIST (ANALYSIS) BRING ON A BIG CHILL ON PRESS FREEDOMS IN TEXAS Using its power to amend the "common law" the homogeneously Republican Texas Supreme Court has seen fit to exempt an entire industry (the legal profession) from the civil tort system by granting it "attorney immunity", but when it comes to a less captive audience, it's a different matter, even when the rights at issue are of constitutional dimensions. [read post]
4 May 2012, 7:31 am
As I noted on Tuesday, Adis Medunjanin was convicted this week in connection with the NYC subway bombing plot. [read post]
16 Apr 2020, 3:00 am
County of Maui, 886 F.3d 737 (9th Cir. 2018); U.S. [read post]
6 Mar 2015, 12:53 pm
ARBITRABILITY OF HEALTH CARE LIABILITY CLAIMS IN TEXAS: FAA PREEMPTION AND MFA REVERSE PREEMPTION IN THE MED-MAL CONTEXT In an opinion released today, the Texas Supreme Court holds that the federal law that accords states the right to regulate the business of insurance (McCarran-Ferguson Act) does not furnish an exception to the general principle that the FAA (Federal Arbitration Act) preempts the TAA (Texas Arbitration Act) and other state arbitration laws when the two conflict, where the… [read post]
3 Nov 2011, 9:12 pm
Fairness in Numbers: A Comment on AT&T v. [read post]
20 May 2022, 1:56 pm
However, originalist approaches the Coinage Clause and the N&P Clause just validate the long-standing status quo. [read post]
13 Apr 2014, 2:43 pm
Cruz Villalón,Registrar: K. [read post]
10 Dec 2015, 9:35 am
§ 1126(f), so only impaired creditors get to vote on the plan. [read post]
27 Oct 2008, 9:26 am
To compromise, contest or otherwise settle any claim in favor of the estate, trust or fiduciary or in favor of third persons and against the estate, trust or fiduciary, including transfer inheritance, estate, income and other taxes; n. [read post]
5 Apr 2012, 9:14 am
Alaska Public Offices Com'n v. [read post]
