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27 Feb 2019, 11:00 am
Along the way, we have some interesting holdings.The case is Fernandez v. [read post]
17 Dec 2014, 6:25 am
Decedent subsequently stopped going to work and weeks later, on May 23, 2008, committed suicide.A few words on qualified immunity, which bear repeating. [read post]
21 Mar 2013, 8:22 am
v. [read post]
24 Sep 2012, 8:35 am
This case is one of them.The case is Stokes v. [read post]
19 Aug 2011, 6:44 am
For non-suspect classifications, the constitutional test is what is called rational basis review: the law will be upheld in court if it is “rationally related to a legitimate state interest” (New Orleans v. [read post]
23 Dec 2009, 6:09 am
Citing Innovative Health Systems v. [read post]
4 Aug 2011, 7:02 am
United States, 129 S. [read post]
15 Aug 2011, 4:30 am
Aliana v. [read post]
12 Jul 2020, 6:07 pm
On a few occasions, I have published a Mid-Year Review of those cases. [read post]
23 Oct 2019, 11:47 am
Huawei (consolidated with Conversant v. [read post]
30 Nov 2014, 5:46 pm
Ltd. v. [read post]
2 Nov 2019, 5:46 am
In addressing the constitutional challenge the Supreme Court analyzed the three factors the United States Supreme Court laid out regarding grandparent visitation statues in its Troxel v. [read post]
23 May 2016, 3:22 am
Justice Dickerson’s opinion also drew support from a 2004 ruling by the Massachusetts Supreme Court in Anastos v Sable in which that court upheld application of a minority discount to the valuation of the partnership interest of a partner who wrongfully dissolved the partnership under that state’s statute equivalent to New York Partnership Law § 69. [read post]
2 Dec 2019, 12:23 am
Second, the Paris Court sets forth that an anti-suit injunction by an EU member state against the courts of another member state would be contrary to public policy (ordre public), because of the "mutual trust in the judicial systems of EU member states" (see CJEU C-159/02 – Turner/Grovit). [read post]
23 Feb 2011, 6:59 am
As Jason Cowart reports in the current issue of The Pomerantz Monitor, one of the most controversial Supreme Court decisions of 2010, Citizens United v. [read post]
30 Aug 2018, 4:44 pm
In an August 24, 2018 opinion in United States v. [read post]
19 Jun 2018, 7:00 pm
In recent years, many states have enacted laws curbing asset forfeiture and a few have even abolished civil forfeiture altogether. [read post]
17 Sep 2013, 2:08 am
In Hughes v. [read post]
31 Oct 2011, 9:20 am
Hoag v. [read post]
25 Sep 2020, 12:41 pm
DJCIS, and again in its recent decision, Doe v. [read post]
