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21 Nov 2017, 4:11 am
…[W]e reject the notion that Mr. [read post]
20 Nov 2017, 1:15 pm
The response to accusations matters. [read post]
19 Nov 2017, 5:45 am
Civilized countries including Canada and the U.S. generally will show respect for orders made by each others’ courts as a matter of international comity. [read post]
17 Nov 2017, 2:26 pm
However, “[t]he incessant shifts among different project descriptions . . . vitiate[d] the City’s EIR process as a vehicle for intelligent public participation” because “[a] curtailed, enigmatic or unstable project description draws a red herring across the path of public input. [read post]
17 Nov 2017, 6:00 am
Simon Tam wasn’t the only one barred by the Lanham Act from reclaiming a historically derogatory term. [read post]
17 Nov 2017, 5:54 am
Further, "[t]he conduct prohibited under the TDCA is coextensive with that prohibited under the FDCPA, at least insofar as [t]he same actions that are unlawful under the FDCPA are also unlawful under the TDCA. [read post]
17 Nov 2017, 5:54 am
Further, "[t]he conduct prohibited under the TDCA is coextensive with that prohibited under the FDCPA, at least insofar as [t]he same actions that are unlawful under the FDCPA are also unlawful under the TDCA. [read post]
14 Nov 2017, 12:00 pm
The most important of these options, and probably the book's most radical, revisionist legal claim is that in order to achieve these ends: [W]e should prefer an attack on civilian infrastructure instead of an attack on military facilities, if the former required less force and presented less chance of serious death and destruction. [read post]
14 Nov 2017, 10:00 am
Nolan, I can’t shake them by the ankles and force them to produce something that doesn’t exist! [read post]
14 Nov 2017, 4:13 am
” At Dorf on Law, Eric Segall maintains that in “Scalia Speaks,” a new compilation of the late justice’s speeches, “[w]hat you won’t get … is a defense of originalism that responds to, or even takes account of, the major objections to the doctrine that, sadly, Scalia never responded to while he was alive. [read post]
13 Nov 2017, 5:42 pm
Garner, 498 U.S. 279, 291 (1991) (“[W]e hold that the standard of proof for the dischargeability exceptions in 11 U. [read post]
13 Nov 2017, 4:57 am
Patrick W. [read post]
12 Nov 2017, 12:25 pm
McDade, Balch & Bingham, LLP & Jason Brent Tompkins, Balch & Bingham, LLP, pro hac vice.Midland Funding, LLC, Defendant, represented by Matthew W. [read post]
12 Nov 2017, 12:25 pm
McDade, Balch & Bingham, LLP & Jason Brent Tompkins, Balch & Bingham, LLP, pro hac vice.Midland Funding, LLC, Defendant, represented by Matthew W. [read post]
9 Nov 2017, 12:45 pm
Trump doesn’t help his cause, of course, by repeatedly showing contempt for courts and the judiciary, from Gonzalo Curiel, the East Chicago, Indiana-born judge hearing a fraud case against Trump University, whom Trump condemned for being “Mexican” and therefore impartial, to James Robart, the George W. [read post]
9 Nov 2017, 6:31 am
The trial court granted Wells Fargo's motion for summary judgment on its deficiency claim against Godoy and signed a final judgment.STANDARD OF REVIEWA party moving for summary judgment must conclusively prove all elements of its cause of action or defense as a matter of law. [read post]
9 Nov 2017, 6:31 am
PUBLIC POLICY, WELLS FARGO'S WAY Don't like a law - Make the customer waive it in the fine print.Two out of three justices on a panel of the Fourteenth Court of Appeals in Houston find no problem with blanket waiver of the statute of limitations defense along with all others (except payment) in a guaranty agreement. [read post]
9 Nov 2017, 5:04 am
We are like an auto mechanic: No matter how good the mechanic’s expertise, and the quality of his work, you don’t want to be there. [read post]
8 Nov 2017, 6:14 pm
This matters? [read post]
8 Nov 2017, 4:47 am
As Judge Millett explained (p. 21a), “[t]he government—to its credit—has never argued or even suggested that J.D. [read post]
