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28 Mar 2013, 5:00 am by Bexis
All multi-district litigation (“MDL”) practitioners are aware of (and many rue) the Supreme Court’s decision in Lexecon Inc. v. [read post]
20 Oct 2017, 8:22 am by Schachtman
Siracusano: Part I” (Aug. 19, 2011), and “The Transposition Fallacy in Matrixx Initiatives, Inc. v. [read post]
5 Jan 2019, 12:15 pm by Schachtman
Supreme Court no. 92-102, 1993 WL 13006285, at *27 (U.S., Jan. 19, 1993)[AMA Brief]. 4 AMA Brief at *4-*5 (emphasis added). 5 AMA Brief at *14-*15 (emphasis added). 6 AMA Brief at *15 & n.9. 7 Brief of the Product Liability Advisory Council, Inc., National Association of Manufacturers, Business Roundtable, and Chemical Manufacturers Association as Amici Curiae in Support of Respondent, as Amici Curiae, in Support of… [read post]
8 Dec 2021, 9:32 am by Eugene Volokh
Many cases allow people who allege they had been sexually assaulted to be pseudonymous,[1] including when they are defendants being sued for libel and related torts.[2] Indeed, some allow pseudonymity for the alleged attacker as well as the alleged victim, if the two had been spouses or lovers in the past, because identifying one would also identify the other, at least to people who had known the couple.[3] But again, many other cases hold otherwise, some in highly prominent cases (for… [read post]
28 Jun 2016, 6:41 am by Dennis Crouch
Momenta Pharmaceuticals, Inc., et al., No. 15-1402 (scope of 271(e) safe harbor) Exhaustion: Impression Products, Inc. v. [read post]
23 Jul 2020, 4:00 am by Jon L. Gelman
While the European models eventually migrated to a national health care system, the US did not. [read post]
18 Sep 2013, 5:21 am by Andrew Frisch
Ron Pair Enters., Inc., 489 U.S. 235, 241, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989) (quoting Caminetti v. [read post]
28 Nov 2023, 5:24 am by Guest Author
 Young & Rubicam, Inc., 79 F.3d 234 (2d Cir. 1996) Week 4 – Causation:  Federal Employers’ Liability Act  Wilkerson v. [read post]
Nike, Inc., the California Supreme Court in finding Nike’s speech commercial, looked at three factors: (1) the speaker; (2) the intended audience; and (3) the content of the message (i.e. is the representation about [read post]
17 Oct 2021, 2:17 pm by admin
INTRODUCTION The new, third edition of the Reference Manual on Scientific Evidence was released to the public in September 2011, as a joint production of the National Academies of Science, and the Federal Judicial Center. [read post]
The Supreme Court ruled that a state law requiring an out-of-state seller that has sufficient “economic and virtual contacts” with the state to collect sales tax satisfies the dormant commerce clause “substantial nexus” requirement.9 The prior Supreme Court precedent in National Bellas Hess Inc. v. [read post]