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11 Feb 2014, 9:01 pm by Michael C. Dorf
For example, under the doctrine set forth in the 1979 case of United States v. [read post]
6 Jun 2023, 11:23 am by Steve Bainbridge
  As we explain in the article, ever since Borak was decided, the Court has repeatedly criticized the 1964 precedent [5] and told us that it must be narrowly interpreted. [6] Moreover, the Court has said, and reiterated, that state law—not federal common law—defines what a derivative action is. [7] Looking to state law, Delaware is unambiguous. [read post]
8 Jun 2012, 7:57 am by rhall@initiativelegal.com
Looking ahead to the probable review of this issue by the California Supreme Court, the Trompeter ruling gives encouragement to those who have advocated a narrow application of Concepcion, embodied most prominently in Brown v. [read post]
4 May 2008, 3:46 pm
United States v. [read post]
16 Feb 2010, 1:04 pm by John Elwood
The Court could simply be taking a close look at the case, as befits it when an en banc court of appeals has vacated a murder conviction and a state has petitioned for certiorari. [read post]
5 May 2009, 2:30 am
  To support those claims, the plaintiffs argued that the fees charged to the funds failed the “reasonableness” test originally set forth in Gartenberg v. [read post]
22 Jun 2009, 3:04 pm
United States or United States v. [read post]
11 Jan 2011, 11:59 am by Chris Cheatham
Last week, we looked at Air Conditioning, Heating, and Refrigeration Institute (ACHRI) v. [read post]