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18 Aug 2022, 9:49 am by Eric Goldman
” If willful blindness becomes the prevailing scienter standard for 512(f) cases, that would be noteworthy because  (as I wrote in my prior post) it would “open up the door for the judge to evaluate the defendant’s behavior objectively despite the Rossi case. [read post]
12 Aug 2022, 11:29 am by Eugene Volokh
”] From today's opinion by Judge Gregory Woods in Flynn v. [read post]
25 Jul 2022, 6:15 am
United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek judicial approval (or approval from the Department of Labor) to settle and release claims. [read post]
23 Jul 2022, 6:30 am by jonathanturley
Jewell, 839 F.3d 1276, 1281 (10th Cir. 2016) (quotation omitted). [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
Draft No. 1) [hereinafter cited as Restatement]. [9] Restatement at iv (listing the reporters). [10] See id. at v-vi (listing advisers). [11] See id. at vii-viii (listing members). [12] “‘Sunk costs’ . . . are costs that have already been incurred and do not vary with one’s subsequent actions. [read post]