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27 Jun 2024, 11:52 am
  Although the state seemed to have conceded the issue, it drew some attention in the briefs, a great deal of attention at argument, and some discussion in the majority opinion and in two concurrences. [read post]
27 Jun 2024, 11:42 am by Tom Smith
"The on-the-ground impact was immediate," Justice Elena Kagan wrote in a concurring opinion on Thursday. [read post]
27 Jun 2024, 11:26 am by Amy Howe
Echoing Kagan’s concurring opinion, she argued that “EMTALA plainly requires doctors to provide medically necessary stabilizing abortions in limiting situations. [read post]
27 Jun 2024, 10:32 am by Scott Bomboy
Barrett cited a common definition of standing from the majority opinion in Clapper v. [read post]
27 Jun 2024, 10:06 am by Michael C. Dorf
After an accidental release-and-then-recall yesterday, today the Supreme Court officially issued Moyle v. [read post]
27 Jun 2024, 9:36 am by DeFrancisco & Falgiatano
In a recent new York medical malpractice opinion, the court discussed what evidence is needed to meet this burden of proof. [read post]
27 Jun 2024, 9:29 am by Josh Blackman
I am uncertain because neither the SG's brief, nor Chief Justice Rehnquist's opinion, mentioned Salerno. [read post]
27 Jun 2024, 9:17 am by Robert Ambrogi
The post New Legal Ethics Opinion Cautions Lawyers: You ‘Must Be Proficient’ In The Use Of Generative AI appeared first on Above the Law. [read post]
27 Jun 2024, 9:01 am by Rebecca Tushnet
” Anyway, the FTC considers “testimonials” interchangeable with endorsements, meaning “any advertising message ... that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser. [read post]
27 Jun 2024, 9:00 am by Ruthie Lazenby
In a 5-4 opinion, the Court expressed skepticism about EPA’s likelihood of prevailing on the merits in defense of the rule (more on that opinion here). [read post]
27 Jun 2024, 8:47 am by Howard Friedman
In my view, that understanding of EMTALA is not “likely to succeed on the merits,” and so cannot support a stay of the injunction.Justice Jackson concurred in the portion of Justice Kagan's opinion that responded to Justice Alito's dissenting opinion. [read post]
27 Jun 2024, 8:40 am by Josh Blackman
The Court has announced that Monday, July 1 will be an opinion day. [read post]
27 Jun 2024, 8:05 am by Samuel Bray
So the opinion does seem to rest on the traditional structure. [read post]
27 Jun 2024, 8:04 am by Abbe Gluck
 Justice Gorsuch's opinion rejecting the deal that allowed the non-debtor Sackler family to contribute to the Purdue Pharma opioid settlement in exchange for discharge from civil liability-- an off-ramp from civil litigation, liability, and accountability--relied almost entirely on the text of the bankruptcy code. [read post]
27 Jun 2024, 7:58 am by Dan Farber
From my perspective, there are two disturbing aspects to Justice Gorsuch’s opinion. [read post]