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13 Oct 2020, 7:22 am
Some state statutes sweep broadly, like the Georgia law at issue in Moncrieffe v. [read post]
12 Oct 2020, 9:01 pm
If A goes, B, C & D go with it.Step four: Because provision A is unconstitutional, provisions B, C & D should be enjoined, thereby redressing Hurley’s injury from B, C & D.The doctrinal logic underlying the inseverability-based standing theory is superficially sound and perhaps in certain contexts it would be persuasive. [read post]
12 Oct 2020, 2:30 pm
Castillo v. [read post]
11 Oct 2020, 11:43 am
The Court answered it in the negative in this week’s judgment in Aktiebolaget Östgötatrafiken v Patent-och registreringsverket, C‑456/19. [read post]
11 Oct 2020, 5:53 am
State v. [read post]
9 Oct 2020, 4:57 pm
.'s opinion yesterday in Blais v. [read post]
9 Oct 2020, 1:50 pm
Co., 13 C 632, 2015 WL 94235 (N.D. [read post]
9 Oct 2020, 8:25 am
Landis & Loria B. [read post]
9 Oct 2020, 5:58 am
I live-tweeted about the Google v. [read post]
8 Oct 2020, 10:20 am
(1) Trial court’s instructions that the jury “will determine what the assault was” did not amount to an improper expression of opinion on the evidence in context; (2) The trial court’s response to a jury question during deliberations regarding a prior conviction was an not impermissible expression of opinion on the evidence State v. [read post]
8 Oct 2020, 9:17 am
” At the hearing, the plaintiff presented the following evidence: (a) the notice letter; (b) the green return receipt card sent to the Commissioner of GDOT; (c) a response letter from the Risk Management Division acknowledging receipt of the notice letter; and (d) a U.S. [read post]
8 Oct 2020, 9:17 am
” At the hearing, the plaintiff presented the following evidence: (a) the notice letter; (b) the green return receipt card sent to the Commissioner of GDOT; (c) a response letter from the Risk Management Division acknowledging receipt of the notice letter; and (d) a U.S. [read post]
8 Oct 2020, 7:48 am
Oracle America (petitioner v. respondent as opposed to plaintiff v. defendant): the Android maker's non-copyrightability defense has a snow flake's chance in hell.I wrote yesterday's triumphant post on the basis of having listened to the hearing on C-SPAN Radio (over the web). [read post]
8 Oct 2020, 4:00 am
§ 51-1-29.5(c). [read post]
7 Oct 2020, 3:23 pm
§ 1225(b)(2)(C); (2) whether MPP is consistent with any applicable and enforceable non-refoulement obligations; (3) whether MPP is exempt from the Administrative Procedure Act requirement of notice-and-comment rulemaking; and (4) whether the district court’s universal preliminary injunction is impermissibly overbroad. [read post]
6 Oct 2020, 11:11 am
.: Didn’t participate in this case b/c we have members on both sides. [read post]
6 Oct 2020, 8:42 am
The head of the Spanish state, King Felipe VI, represents the unity and continuity of the state’s institutions. [read post]
6 Oct 2020, 3:00 am
B. [read post]
5 Oct 2020, 9:09 am
The Sixth Circuit majority took issue with some aspects of Judge Polster’s assessment of Rule 23(b)(3)’s predominance requirement and his conclusion that certain of the issues raised in many of the pending lawsuits warranted “issue certification” under Rule 23(c)(4), see 2020 WL 5701916, at *7-8, but the majority’s principal objection to the negotiation class was its conclusion that Rule 23 does not authorize this novel… [read post]