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18 Mar 2013, 6:38 pm by rhall@initiativelegal.com
Justice Ginsberg took the lead by questioning Michael Kellogg, an American Express lawyer, as to whether the class action waiver would operate just as the Second Circuit supposed, by making it impossible for individual plaintiffs to afford the experts necessary to establish a defendant’s monopoly power. [read post]
9 Nov 2014, 5:55 pm by Jonathan Adler
”  Further, as Justice Elena Kagan wrote for the Court last Term in Michigan v. [read post]
9 Mar 2016, 8:10 am by Michael Gerhardt
He served as Special Counsel to Chairman Patrick Leahy and the Senate Judiciary Committee for the nominations of Justices Sonia Sotomayor and Elena Kagan to the U.S. [read post]
18 Jun 2020, 1:58 pm by Olivia Cross
  Justices Roberts, Ginsburg, Breyer, Sotomayor, and Kagan joined Gorsuch in the majority, while Justices Alito and Kavanaugh each wrote dissenting opinions. [read post]
3 Aug 2021, 9:01 pm by Michael C. Dorf
Yet that very fact—the absence of any high stakes, much less any ideological ones—suggest that this may be an area in which productive reform is possible.Follow @dorfonlaw Michael C. [read post]
6 Mar 2018, 9:01 pm by Michael C. Dorf
Justice Thomas wrote the lead opinion for himself, fellow conservative Alito, and two moderately liberal justices, Breyer and Kagan. [read post]
26 Jun 2017, 9:01 pm by Michael C. Dorf
The plaintiffs argued that language in the EO commanded that result, although that same day the president issued a memorandum purporting to add “clarity” by changing the effective date on which the clocks start ticking to whenever each part of the EO goes into effect.Hints at the MeritsThe opinion accompanying the Court’s order was per curiam, that is, not attributed to any particular justice, but it appeared to speak for six of them: Chief Justice Roberts and Justices Kennedy,… [read post]