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16 Oct 2023, 9:57 am
In recent cases, the Supreme Court has held that laches is not a proper defense to damages claims when a statute of limitations is in place. [read post]
10 Oct 2023, 5:40 am
Hopefully other lower courts will follow suit and apply the major questions doctrine only as set forth in the Supreme Court’s opinions (as Judge Pitman just did in another case), not as poorly summarized by litigants looking for an easy victory. [read post]
9 Oct 2023, 4:22 am
” But, held the Court: There is a threshold problem with plaintiff’s claim for rescission based on Kwak’s fraud that is fatal to her case. [read post]
9 Oct 2023, 4:00 am
Berman, Religious Liberty and the Constitution: Of Rules and Principles, Fixity and Change, (U of Penn Law School, Public Law Research Paper No. 23-36 (2023).Bejamin Perryman, Proving Discrimination: Evidentiary Barriers and Section 15(1) of the Charter, (Supreme Court Law Review (2d), Forthcoming).Oona A. [read post]
8 Oct 2023, 9:05 pm
This U-turn in perspective placed less responsibility for traffic safety on drivers and more on automakers. [read post]
6 Oct 2023, 6:27 am
Supreme Court granted a property owner’s petition for writ of certiorari in Sheetz v. [read post]
5 Oct 2023, 7:51 am
Supreme Court had first recognized that a defendant could forfeit counsel in State v. [read post]
5 Oct 2023, 6:15 am
Then, in May 2023, WashTech petitioned the Supreme Court for review. [read post]
5 Oct 2023, 1:55 am
Last January I reported (here) that New York Supreme Court Justice Arthur Engoron sent a note to lawyers for the Trump family and the Trump Organization stating that "[u]pon thoroughly reviewing the papers in support of some defendants’ pending motions to dismiss, this Court is considering imposing sanctions for frivolous litigation . . ., for setting forth the same legal arguments that this Court previously rejected . . . [read post]
2 Oct 2023, 11:32 am
In fact, my respect for Steve got me into trouble with the Supreme Court. [read post]
2 Oct 2023, 9:11 am
In disposing of the cases, the Supreme Court said:Because the Court lacks a quorum, 28 U. [read post]
2 Oct 2023, 8:47 am
This case has had a lasting impact on how courts assess police actions involving force, emphasizing the objective reasonableness standard. [read post]
2 Oct 2023, 6:22 am
Are the doors of the Supreme Court closed for innocent people? [read post]
2 Oct 2023, 4:26 am
Copyright Act’s three-year statute of limitations and prior Supreme Court precedent in Petrella v. [read post]
2 Oct 2023, 4:26 am
Copyright Act’s three-year statute of limitations and prior Supreme Court precedent in Petrella v. [read post]
27 Sep 2023, 9:30 pm
” Critics, however, claim that the Supreme Court’s originalism is new, and even a kind of “living constitutionalism. [read post]
27 Sep 2023, 8:00 am
Finally, a theme that cuts across the various contributions is that the U. [read post]
25 Sep 2023, 9:30 am
This week in Washington IP news, the U.S. [read post]
25 Sep 2023, 9:30 am
This week in Washington IP news, the U.S. [read post]
25 Sep 2023, 7:08 am
Any adoption appeal in the state supreme court has priority over all other pending cases on the supreme court’s docket. [read post]
