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26 Aug 2009, 3:28 am
And let’s not leave out the civil cases: Hall v. [read post]
20 Aug 2009, 9:36 am
This lament for local authority adjudications as if they are the town hall catering contract will live with me for a good while. [read post]
19 Aug 2009, 1:42 pm
Remember when she couldn't name a single Supreme Court case other than Roe v Wade? [read post]
18 Aug 2009, 6:27 am
The late Harry Blackmun wrote, in dissent, in Herrera v. [read post]
11 Aug 2009, 4:58 am
    After the U.S Supreme Court's decision in Hall Street Associates L.L.C. v Mattel, Inc., there's some doubt about whether, under the Federal Arbitration Act, you can vacate an arbitration award from an arbitrator who manifestly disregarded the law . [read post]
5 Aug 2009, 6:45 am
  Here's a paraphrase of what those judges said:The parties dispute whether the Supreme Court's recent decision in Hall Street Associates, L.L.C. v. [read post]
1 Aug 2009, 7:44 pm
Here is the abstract:Hoffman v. [read post]
29 Jul 2009, 12:58 pm
And he's able to find an alleged ambiguity in the ERISA Plan documents that you could argue makes the Plan ambiguous -- and hence, resolving ambiguities in favor of the insured, creating coverage.Judge Hall says that the Plan's nonetheless clear and doesn't provide coverage. [read post]
27 Jul 2009, 9:41 am
As I said in my earlier posting:But the main problem with the fair dealing issue may have been that the Educators had agreed at an early stage of these proceedings to a survey methodology that resulted in evidence that by their later admission "needs to be collected differently" in light of the CCH v. [read post]
23 Jul 2009, 10:29 am
Well, it was too hard for Judge Reemberto Diaz, who gets into the hall of shame for his failure to do just that in Gonzalez v. [read post]
21 Jul 2009, 11:06 am
But the instruction isn't supposed to work that way, and I see little reason to reverse on the ground that the decision would be different because if the court had given the right instruction we're pretty sure the jury wouldn't have accurately followed the law.In short, this is a case that takes me way back to the 20th century, sitting in Torts in Austin Hall and learning a little bit of Latin. [read post]