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12 Feb 2020, 3:05 am by Walter Olson
[Eric Baxter on Ricks v. [read post]
11 Feb 2020, 2:08 pm
  Second, I doubt that laches is actually up to the task of preventing stale fee motions, as it'll be virtually impossible to show prejudice in most cases, and laches in any event does not provide a bright-line timing rule that both encourages motions by a set limit as well as grants the defendant definite repose after a certain time period -- all of which are definite purposes of a statutory timeliness period.So I'd have been just fine with the opinion if it said that… [read post]
10 Feb 2020, 8:57 am by Rebecca Tushnet
These sound like business decisions: promotional value v. backlash. [read post]
7 Feb 2020, 1:30 pm
  But I'm confident that some people would prefer to just put the whole thing behind them, forever, so to accommodate their interests, since we can't tell who'd prefer to be forgotten and who's just fine with their names in press, we use initials.Whereas for the dead, there's good reason to remember them. [read post]
5 Feb 2020, 7:28 pm by Dan Murphy
Level One drug misdemeanors include: unlawful possession of controlled substances listed in Schedule III, IV or V, not including ketamine or flunitrazepam possession of more than 6 ounces but not more than 12 ounces or marijuana or not more than 3 ounces of marijuana concentrate attempting to commit a Level Four drug felony Beginning on March 1, 2020, the penalty for unlawful possession is up to 2 years on probation, a possible 180 days in jail, and a fine of up to $1,000. [read post]
5 Feb 2020, 2:59 am by Walter Olson
If your personal injury lawyer instructs you not to file a claim with your health insurer concerning your medical care, you may instead be in the hands of a “lien doctor” [Sara Randazzo, WSJ, paywall] Supreme Court passes up opportunity to decide whether the Constitution’s Excessive Fines Clause applies to business defendants, and also whether a state can conjure an excessive fine out of existence by conceptually slicing it up into smaller daily fines… [read post]
3 Feb 2020, 9:01 am by HRWatchdog
Legal documents in Chamber of Commerce of the United States of America et al. v. [read post]
2 Feb 2020, 7:37 am by Cyberleagle
The platform could be fined if it didn’t have good enough systems for reducing the risk of harm that the regulator deemed to exist from that kind of content.ES. [read post]
31 Jan 2020, 7:20 pm by Ilya Somin
The case involves a lawsuit filed by twenty Republican "red" state governments arguing that the Obamacare individual health insurance mandate (which requires most Americans to buy government-approved health insurance) is now unconstitutional because the December 2017 tax reform law enacted by the then-GOP controlled Congress zeroed out the monetary fine imposed on violators, thereby making it impossible for the mandate to be considered a tax any longer (the theory that it could be… [read post]
31 Jan 2020, 5:47 am by Andrew Hursh
The lower court issued the fine after the Department of Corrections failed to abide by the terms of an earlier settlement it agreed to in Parson v. [read post]