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23 May 2016, 5:10 am by Rebecca Tushnet
  But Zauderer was the same situation—the lawyer decided to advertise that there’d be no fees if the case failed, without disclosing that there’d be costs. [read post]
19 May 2016, 6:02 pm by stevemehta
  It held that the Elder Abuse Act does not require the existence of a custodial relationship in order for the plaintiff to establish a cause of action for neglect.[2]  The court also rejected defendants’ contention that the trial court should determine, as a matter of law, whether defendants’ conduct constituted professional negligence rather than neglect. [read post]
19 May 2016, 5:00 am by Ed. Microjuris.com Puerto Rico
Conduct of a lawyer, no matter when it has occurred, is always relevant to the question of fitness to practice. [read post]
14 May 2016, 3:34 am by Florian Mueller
At this stage I predict Judge Alsup to do so later on, though I'd like to be proven wrong.As I wrote above, Oracle is limited in its ability to put all the willfulness evidence before the jury at the right point in time, which would be now. [read post]
13 May 2016, 7:55 am
  The combined expansions of criminal coverage and the heightened severity of punishments are matters of grave concern that call for a serious rethinking of this project. [read post]
10 May 2016, 8:50 am by Court C. VanTassell
After rejecting each of D&Ds arguments to confer venue upon Concordia Parish, the Third Circuit granted defendants’ applications for writs peremptorily and ordered the matter transferred to the Twenty-Eighth Judicial District Court of LaSalle Parish. [read post]
10 May 2016, 8:50 am by Court C. VanTassell
After rejecting each of D&Ds arguments to confer venue upon Concordia Parish, the Third Circuit granted defendants’ applications for writs peremptorily and ordered the matter transferred to the Twenty-Eighth Judicial District Court of LaSalle Parish. [read post]
10 May 2016, 6:23 am by Eugene Volokh
” One way that it does so is by “[i]nvestigating alleged infringements of the right of members of the Community concerning speech, debate, open expression, Protest, Dissent, and other related matters. [read post]
9 May 2016, 3:14 am by Peter Mahler
The First Department’s 1985 decision in Matter of Public Relations Aids, Inc., 109 AD2d 502, introduced a partial exception to the prohibition in minority shareholder oppression cases, allowing the majority’s use of company funds for legal fees but only after an election is made to purchase the petitioner’s shares under Business Corporation Law § 1118, explaining as follows: [I]n the usual dissolution proceeding,… [read post]
6 May 2016, 12:30 pm
Nov. 2, 2004) (“Under Texas law, all FDA-approved prescription drugs are unavoidably unsafe as a matter of law. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
  We’d scale and always treat it as a floor and not a ceiling. [read post]