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11 Oct 2007, 3:17 am
  It is time to reconsider whether we should revert to the previous wording of “knowing assistance” in a breach of trust or fiduciary duty that was in use before Brunei Airlines v Tan. [read post]
10 Oct 2007, 7:00 pm
In Nichols v City of Taft, the Fifth District Court of Appeal holds that the use of a fee multiplier to compensate for the higher hourly rates of out-of-town counsel requires a sufficient showing -- which the Nichols failed to make -- that hiring local counsel was "impracticable. [read post]
10 Oct 2007, 1:37 am
That's not enough.The goofiness of grading curves surfaced recently in Marquis v. [read post]
8 Oct 2007, 11:19 am
The former same-sex partner of the mother of a child born through donor insemination may have an obligation to pay child support, according to a September 11 ruling in H.M. v. [read post]
5 Oct 2007, 12:19 pm
District Court in Connecticut puts a whole new spin on the issue.In McConnell v. [read post]
27 Sep 2007, 11:49 pm
  Though affirmative defenses such as fair use still apply, the court found that a bright-line rule eliminating any de minimis defense to copyright infringement in the context of sampling is more efficient. [read post]
4 Sep 2007, 5:24 am
Maverick, would have us adopt a bright line rule that says in a legal malpractice cause of action, limitations is tolled so long as the attorney-client relationship exists between the parties. [read post]
31 Aug 2007, 2:12 am
The Indiana Supreme Court reversed the trial court but did not give us a bright line rule on the issue. [read post]
29 Aug 2007, 1:25 am
The Eighth and Ninth Circuits have adopted a modified bright-line approach, under which an unauthorized driver may have standing to challenge a vehicle search if he received permission from the authorized driver to use the car. [read post]
27 Aug 2007, 8:06 am
Among many sentencing ruling appearing on this opinion page, the Eighth Circuit today issued a lengthy en banc decision in US v. [read post]
19 Aug 2007, 11:42 am
If you bring . . . value-adding elements to the deal, you have the possibility of using them to get what you want . . . [read post]
16 Aug 2007, 7:59 pm
His view may be that Adarand and Loving v. [read post]