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30 Jul 2012, 10:09 am
In Construction by Singletree, Inc. v. [read post]
30 Jul 2012, 10:09 am
In Construction by Singletree, Inc. v. [read post]
30 Jul 2012, 10:09 am
In Construction by Singletree, Inc. v. [read post]
27 Feb 2018, 9:06 pm
I haven't followed the case closely enough to know why that argument isn't at issue also, but it certainly seems like a viable one. [read post]
14 Jun 2010, 1:07 pm
By Kurt R. [read post]
28 Apr 2011, 2:23 pm
Don’t get me wrong, I’m all for reducing our reliance on oil and helping ease climate change, but it just didn’t seem feasible. [read post]
11 Dec 2010, 7:00 am
Related Musings:Mandatory Arbitration Isn’t All Bad, if. . .Arbitration is Waivable (Even If You Don’t Mean To)Be Careful with Arbitration Clauses in Construction ContractsHave the Feds Taken Over Arbitration? [read post]
19 Feb 2020, 2:20 pm
R. [read post]
20 Aug 2015, 11:17 am
The other day, I introduced my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
4 Dec 2013, 2:11 pm
I won’t ask whether RFRA calls for the exemption; that is a story for tomorrow. 1. [read post]
6 Jun 2011, 1:24 pm
Roche Molecular Systems, Inc., et al., Supreme Court of the United States, 563 U. [read post]
19 Mar 2020, 7:31 am
R. 54(D). [read post]
2 May 2018, 7:30 am
See Lamps Plus, Inc. v. [read post]
2 May 2016, 8:54 pm
W/r/t knowledge, the courts have basically gotten it right. [read post]
27 Jan 2010, 7:12 am
Last month, I reported on a decision from Delaware Bankruptcy Judge Mary Walrath in the In re Washington Mutual, Inc. case ("WaMu") holding that informal creditor groups must disclose details of their trades under Federal Rule of Bankruptcy Procedure 2019. [read post]
17 Jul 2019, 5:00 am
Altice USA Inc. (2019), where this issue came up, see here) More generally, I wonder how many more old clauses are out there that neither party has focused on that pose the risk of knocking out some new clause that the parties actually bargained for. [read post]
20 Aug 2015, 12:23 pm
Justice Holmes explained more than a century ago that “[i]t would be a dangerous undertaking for persons trained only to the law to constitute themselves the final judges of the worth of pictorial illustrations. [read post]
16 Aug 2011, 10:37 pm
R. [read post]
26 Jul 2011, 12:17 pm
Hold on, don't close the post, I'm posting because it arose out of the grounding of the M/V Cape Flattery, near Barbers Point, Oahu. [read post]
4 May 2012, 10:47 am
This, I think, misdescribes Pico, in which a majority of the Court actually didn’t rule on the subject. [read post]