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16 Dec 2009, 9:00 pm
Marc is the real McCoy, giving commentary on everything from the surreal McCoys, to power abusers, to his nightmare of working for a big law firm, to those "pollut[ing] the gene pool. [read post]
3 Feb 2009, 2:03 pm
 However, the courts have generally defined cohabitation as “two persons of the opposite sex resid[ing] together in manner of husband and wife, mutually assuming those rights and duties usually attendant upon the marriage relationship. [read post]
7 Aug 2023, 5:57 am by Eugene Volokh
Doe 107 argues that the District Court abused its discretion by "ignor[ing]" her assertion that identifying her "could place her in mortal danger in her culturally conservative home country," in which "'honor' killings are a real risk," and "instead concluding [that] she … offered no more than generalized concerns of adverse publicity. [read post]
28 Jun 2011, 9:30 pm
 As opinion author Justice Scalia aptly points out:  California’s argument would fare better if there were alongstanding tradition in this country of specially restrict-ing children’s access to depictions of violence, but there is none. [read post]
16 Jun 2011, 3:00 am by Matthew Lerner
 Because the Court framed the contacts as “help[ing] with a difficult situation that had developed suddenly regarding a large number of mistreated dogs,” the Court refused to assert long-arm jurisdiction over the defendants under the “transacts any business within the state” prong. [read post]
15 May 2007, 12:31 pm
The Observer refers to DPW as "cultivat[ing] its reputation as the Cravath, Swaine & Moore for happy people. [read post]
17 Jan 2012, 3:37 pm by James L. Higgins
However, despite "agree[ing] to stipulate to the fact that [the defendant’s] product, as formulated in its ANDA, did not infringe,” id. at 7, the plaintiffs pressed on. [read post]
26 Jan 2024, 10:40 am by luiza
Under the Funeral Rule, consumers have certain rights, including (i) “get[ting] a general price list from a funeral provider”; and (ii) “choos[ing] the funeral goods and services they want (with some exceptions). [read post]
22 Feb 2012, 1:08 pm by William McGrath
" He was under the impression that his telephone conversations had been recorded and sent an e-mail to clients announcing the visit, as well as his decision "declin[ing] the young gentleman's gracious offer to wear a wire and therefore ensnare you in their devious web. [read post]
25 Jun 2014, 12:35 pm by Larisa Vaysman
”  As for fiduciaries privy to inside, non-public information, the Court held that selling the stock would have been illegal and strongly implied—despite remanding for the Sixth Circuit to determine—that ceasing to buy Fifth Third stock and/or disclosing the pertinent inside information could, if not illegal, reasonably have been seen by a prudent fiduciary as “do[ing] more harm than good to the fund by causing a drop in the stock price. [read post]
9 Jul 2018, 3:30 am by Eric B. Meyer
In light of Janus and Becerra, the employer groups told the Ninth Circuit that “forc[ing] employers to subsidize employee communication of union messages which the employers do not endorse, infring[es] the employers’ First Amendment rights in a manner that has now been found to violate the Constitution. [read post]
18 Mar 2010, 8:42 am by Rick Garnett
  But Toobin is too smart, I think, to imagine (and he knows too many former clerks and Supreme Court advocates to imagine) that Thomas's lack of interest in "reveal[ing]" (or, in many cases, self-absorbed and distracted) "questions" signals what too many non-lawyers and partisans want to think it means, i.e., that he's somehow not up to the job. [read post]
14 Feb 2008, 2:02 pm
  The Court of Appeals majority held otherwise, finding the legislative history "too ambiguous to permit us to infer that the Legislature intended wholly to eliminate, in the LLC context, a basic, centuries-old protection for shareholders, leaving the courts to devise some new substitute remedy" (p. 11).Waving the separation of powers banner, the dissenters accuse the majority of "judicial fiat" by "effectively… [read post]
1 Aug 2022, 10:16 pm by William Hibbitts | JURIST Staff
” Reffitt was caught on video before the riot, saying that he wanted to take the Capitol and to see House Speaker Nancy Pelosi’s “head hit every [f-ing] stair. [read post]
10 Feb 2012, 2:54 pm by PaulKostro
Even though the Act is remedial legislation that must be construed broadly, see N.J.S.A. 2C:25-18 (“encourag[ing] the broad application of the remedies available under th[e] [A]ct”), the courts have recognized that expanding the concept of harassment beyond its statutory definition could afford matrimonial litigants an unwarranted advantage, namely, the bringing of charges under the domestic violence statute, contrary to legislative intent. [read post]
” The complaint also argued that Califonia was “attempt[ing] to influence public policy in our state. [read post]
10 Nov 2015, 5:45 am by Adam Weinstein
From March 2007 until July 2013, Savoie was associated with ING Financial Partners, Inc. [read post]
Federal regulations and case law require public entities to administer their activities by “enabl[ing] individuals with disabilities to interact with nondisabled persons to the fullest extent possible. [read post]