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25 Jun 2009, 5:05 pm by Richard D. Friedman
Here are some early thoughts about the majority opinion in Melendez-Diaz v. [read post]
22 Jan 2009, 2:06 am
That testimony killed the plaintiff's standard product liability case, because under California (and almost all other states') law, a plaintiff cannot establish causation in an inadequate warning case where the prescribing physician did not rely upon the allegedly defective warning. [read post]
31 Mar 2009, 3:52 am
Malone and State v. [read post]
26 Dec 2011, 9:28 pm by Lyle Denniston
In the challenge by 26 states to Congress’s decision in the Affordable Care Act to expand Medicaid coverage — an expansion that the states claim will simply bust their budgets – the states are relying upon the so-called “coercion theory.”  This has to do with the conditions that Congress tells states they must meet in order to qualify for federal funds to help pay for a public program. [read post]
16 Oct 2022, 9:02 pm by Vikram David Amar
” In context, this word generally (as in Articles I and II) means a state’s lawmaking system—as the Supreme Court has repeatedly held in a century-old line of cases from Ohio ex rel Davis v. [read post]
5 Mar 2017, 4:05 pm by INFORRM
 The Secretary of State, Karen Bradley, has written to the company [pdf] indicating that she is “minded” to issue a European Intervention Notice. [read post]