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24 Oct 2022, 4:47 am by Franklin C. McRoberts
” As best I can tell, there are now exactly seven appeals court decisions from three of the four Departments of the Appellate Division explicitly adopting this rule of construction of contract indemnification provisions to cover intra-party disputes unless otherwise specified in the agreement: In re Part 60 RMBS Put – Back Litig.WSA Group, PE., PC v DKI Eng’g & Consulting USA PC (178 AD3d 1320 [3d Dept 2019])Crown Wisteria, Inc. v Cibani (178… [read post]
21 Oct 2022, 3:45 pm by Eugene Volokh
Following the hearing, the court issued the Initial/Detention Order finding that it was in Child's best interest to be removed from the home due to the Parents' "inability, refusal or neglect to provide shelter, care, and/or supervision at the present time. [read post]
20 Oct 2022, 2:59 pm by Dennis Crouch
  My best stab at distinguishing the two holdings is as follows. [read post]
20 Oct 2022, 8:51 am by Will Baude
[An insightful point from oral argument in National Pork Producers v. [read post]
20 Oct 2022, 4:42 am by Emma Snell
The possibility of allowing federal officials to return to Trump’s property – likely with Trump’s own lawyers present – is just one option on the table as the Trump team grapples with how best to protect the former President from legal jeopardy. [read post]
19 Oct 2022, 1:16 pm by Eugene Volokh
(Nor can the government just generally ban such material, but with an exception that would be applied by individual prosecutors, judges, or juries for "videos that have educational, historical, or social benefits"; see U.S. v. [read post]
19 Oct 2022, 9:15 am by John Cordani
Our case-in-point is the Federal Circuit’s recent decision in Cooperative Entertainment, Inc. v. [read post]