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24 Mar 2011, 1:15 pm by Bexis
  It ascribes this result to two factors:  (1) “[p]arity may exist because state courts almost always mimic federal courts” on preemption, and/or (2) “the exception created by the 'parallel’ requirements language of Riegel is so narrow that lower courts have very little discretion. [read post]
5 Mar 2009, 12:02 pm
Well, an election happened, but: (1) we're not so crass as to think that any member of the Court, beyond being aware of election returns, changes his or her mind for that reason, and (2) the briefing in Levine was all completed under the prior Bush administration, so it's not like there was some abrupt change in the government's position during the course of the case.But beyond the election something else much more profound happened - large parts of the nation's economy… [read post]
14 Feb 2009, 11:56 am
Although reliable numbers are hard to come by, Federal Judicial Center statistics suggest that new class action cases filed in or removed to federal court increased 72% between 2001 and 2007,[1] reaching approximately 4,000 to 5,000 annually as of mid-2007 (the last period for which data are available). [read post]
28 Apr 2011, 3:18 pm by Bexis
By now Restatement (Second) of Torts §402A (1965) is so old as to be thought of as somewhat antediluvian. [read post]
29 May 2010, 3:04 pm by structuredsettlements
Woodbridge Investments LLC is a leading structured settlement factoring company who has seen explosive growth in the purchasing of settlements backed by major insurance giants like AIG... [read post]