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8 Sep 2020, 3:44 pm by David Kopel
On expedited appeal in 2018, the Third Circuit affirmed the denial of the injunction by 2-1. 910 F.3d 106. [read post]
3 Sep 2020, 7:10 am by Jonathan Shaub
As John Preis has written, “[F]ederal courts having jurisdiction over a dispute have, from the Founding, enjoyed the po [read post]
30 Aug 2020, 3:17 pm by Eugene Volokh
Beshear, 957 F.3d 610 (6th Cir. 2020) (finding the Governor's ban on drive-in church services unconstitutional); Roberts v. [read post]
10 Aug 2020, 2:24 am by Schachtman
The MDL trial judge granted summary judgment to the non-asbestos product manufacturers on their “bare metal” defense, on the basis of the absence of asbestos in their products and the absence of any duty to warn about asbestos in another manufacturer’s product.[2] The Third Circuit reversed the judgments on ground that the duty question turned on “forseeability” of the asbestos products’ being added to the bare metal products, and remanded to the MDL… [read post]
25 Jul 2020, 12:21 am by Josh Blackman
Justices Thomas, Alito, Gorsuch and Kavanaugh dissented, and would have granted the injunction. [read post]
2 Jul 2020, 9:31 am by Amanda L. Tyler
Justice Samuel Alito’s opinion for the Supreme Court (joined by Chief Justice John Roberts and Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh) addressed Thuraissigiam’s claims sequentially. [read post]
29 Jun 2020, 7:51 am by Jonathan H. Adler
ALITO, J., filed a dissenting opinion, in which GORSUCH, J., joined, in which THOMAS, J., joined except as to Parts III–C and IV–F, and in which KAVANAUGH, J., joined as to Parts I, II, and III. [read post]