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9 May 2008, 11:30 am
”In re McCormick Road Associates, 127 B.R. at 413 (quoting In re Phoenix Piccadilly Ltd., 849 F.2d 1393, 1394 (11th Cir.1988) (emphasis added); see also id. at 415 (“[O]nce a court has properly found that the debtor has failed to satisfy the court's objective good faith inquiry-i.e., whether reorganization is the proper course of action in a particular debtor's case-it may properly dismiss the debtor's petition without considering the… [read post]
8 May 2008, 12:22 pm
We're not about to repeat everything we said there about how warning causation works in learned intermediary cases - but we will repeat this: we'd much rather have the warning causation question turn on the testimony of an independent, trained professional than on that of a self-interested layperson like the plaintiff who's suing our client.What defense counsel wouldn't? [read post]
23 Apr 2008, 11:49 am
. * * * [Re 4(C)] His arrest placed him on notice the State was interested in filing charges against him. [read post]
20 Mar 2008, 4:58 am
Power to regulate transactions in derivatives, money market instruments, etc.--(1) The Bank may, in public interest, or to regulate the financial system of the country to its advantage, determine the policy relating to interest rates or interest rate products and give directions in that behalf to all agencies or any of them, dealing in securities, money market instruments, foreign exchange, derivatives, or other instruments of like nature as the Bank may specify from time… [read post]
4 Feb 2008, 11:20 am
BR #145 is about Who You Really Are and how you prepare and engage for Lawyer Life. [read post]
12 Jan 2008, 2:37 am
Br. [read post]
9 Jan 2008, 11:16 am
" (Appellee's Br. at 2 n.1.) [read post]
12 Dec 2007, 2:33 pm
That's as many URLs as we've ever seen in a Supreme Court brief not involving patent litigation.We're also particularly gratified to reacquaint ourselves with a couple of our old Bone Screw regulatory favorites. [read post]
29 Nov 2007, 10:36 am
Some pretty interesting stuff, it turns out, much of which can be of use on the drug side of the preemption wars. [read post]
29 Nov 2007, 7:45 am
Kent br. at 11. [read post]
12 Nov 2007, 6:41 am
Appellants' Br. at 9. [read post]
10 Nov 2007, 10:07 pm
California, 543 U.S. 499 (2005).........60In re Kemmler, 136 U.S. 436 (1890) ............... 2, 32 viiLaGrand v. [read post]
1 Nov 2007, 1:32 pm
We'll tell you right now, we haven't been disappointed.We hope you won't be either, so we're going to give our readers a guided tour. [read post]
28 Oct 2007, 12:51 pm
" Appellant's Br. p. 12. [read post]
17 Oct 2007, 8:33 pm
" So, 95% of subprime borrowers were named either Curly, Larry, or Moe, is that what we're hearing? [read post]
17 Oct 2007, 8:33 pm
" So, 95% of subprime borrowers were named either Curly, Larry, or Moe, is that what we're hearing? [read post]
12 Sep 2007, 3:44 am
" Appellees' Br. 13. [read post]
17 Aug 2007, 6:00 am
I previously reviewed the case of In re Bast, ___ BR ___, 2007 WL 1429481 (Bkrtcy.S.D. [read post]
5 Jun 2007, 4:46 pm
The agency asserts the same interest in protecting children as it asserted thirty years ago, but until the Golden Globes decision, it had never banned fleeting expletives. [read post]
26 Apr 2007, 6:20 am
Biffle br. at 7. [read post]
