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6 Sep 2018, 9:01 pm
Even Kennedy joined in the Court’s push to make it nearly impossible to sue businesses, agreeing to limit class actions and blessing forced arbitration clauses, to say nothing of the Court’s anti-union Janus decision earlier this summer. [read post]
22 Aug 2018, 9:01 pm
In a column published here on Verdict last week, I explained how Senator Elizabeth Warren, who is supposedly the bane of capitalists everywhere, in fact understands that modern capitalist economies can be much better than they are for the people who work and live in them.Warren certainly targets the bad acts of particular capitalists, but she does so in order to prevent them from continuing to pervert the economy for their own selfish ends. [read post]
21 Aug 2018, 1:47 pm
Line 217 of the WB-17 states that the buyer may sue for specific performance if the seller defaults. [read post]
21 Aug 2018, 1:47 pm
Line 217 of the WB-17 states that the buyer may sue for specific performance if the seller defaults. [read post]
16 Aug 2018, 9:06 am
(Here, there are certain parallels to Justice Neil Gorsuch’s opinion in the “frozen trucker” case, in which Gorsuch described the prospect of waiting in a dangerously cold, disabled truck for help to arrive as an “option” given by the driver’s employer.) [read post]
14 Aug 2018, 9:01 pm
A business that bills its clients upon delivery of services, for example, assumes that it can sue those clients if they fail to pay on time.Enforcing contracts might seem like an uncomplicated matter that has only one default rule, but that is not true. [read post]
9 Aug 2018, 9:30 pm
The Place of Territory in Citizenship, Neil Walker26. [read post]
8 Aug 2018, 1:51 pm
Three of the more conservative justices – Chief Justice Roberts and Justices Samuel Alito and Neil Gorsuch — only authored pro-business majority opinions during this period within this set of cases. [read post]
20 Jul 2018, 6:08 am
Writing for the majority, Justice Neil Gorsuch indicated that “congress has instructed that arbitration agreements like those before us must be enforced as written. [read post]
9 Jul 2018, 6:00 am
Justice Neil Gorsuch wrote the opinion for the conservative majority, saying Congress did not write the NLRA to “displace” federal arbitration law. [read post]
2 Jul 2018, 9:01 pm
That Kennedy would deem it acceptable to be replaced by someone whom Trump will select based on the recommendations of the extremists who have taken over the party (and who gave the world a second Clarence Thomas in the person of Neil Gorsuch) is absolutely astonishing. [read post]
28 Jun 2018, 2:48 pm
Martha Kavanaugh went on to become a prosecutor and later state judge in Maryland, where Kavanaugh was raised and where, like Justice Neil Gorsuch, he attended Georgetown Preparatory School. [read post]
19 Jun 2018, 1:00 pm
Note reportedly written by Neil Armstrong.Source: court papers filed in Cicco v. [read post]
18 Jun 2018, 12:26 pm
Justice Clarence Thomas also wrote a separate opinion, joined by Justice Neil Gorsuch, in which he agreed that the challengers in this case have not shown that they have a legal right to sue. [read post]
18 Jun 2018, 12:19 pm
Earlier this morning, a friend spotted Justice Neil Gorsuch arriving for work and being let out of an SUV in the company of a small dog. [read post]
1 Jun 2018, 7:55 am
In a post at PrawfsBlawg, Dan Epps (who partners with this blog through the podcast he co-hosts, First Mondays) suggests that “Justice [Neil] Gorsuch’s apparent proclivity for writing separately seems likely to be part of the story” for why, as “of a couple weeks ago, the Court was setting records for the slow pace of opinions. [read post]
23 May 2018, 9:01 pm
The United States Supreme Court, in a 5-4 opinion by Judge Neil Gorsuch in Epic Systems v. [read post]
2 May 2018, 9:01 pm
“Strict environmental review, and generous rights to sue, to please conservationists. [read post]
27 Apr 2018, 8:48 am
Writing for the majority, Kennedy, joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Neil Gorsuch denied recognizing corporate liability on the basis of the judicial restraint called for by the language, purpose, and history of the ATS. [read post]
25 Apr 2018, 11:01 am
Kennedy appears to have reassured himself in Part II-B-3 (joined again by the chief justice and Thomas) that “the ATS will seldom be the only way for plaintiffs to hold the perpetrators liable,” in part because “plaintiffs can still sue the individual corporate employees responsible for a violation of international law under the ATS”—both doubtful propositions for a variety of reasons. [read post]
