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9 Jul 2012, 2:24 pm by Michelle Yeary
Dec. 8, 2010).So, if legal minds differ as to whether federal courts are bound by Erie and Rule 81 to apply Twiqbal to the fraudulent joinder issue, maybe the question needs to be re-framed – should courts use state court pleadings standards in deciding whether plaintiff has stated a colorable claim to defeat diversity jurisdiction? [read post]
8 Aug 2024, 11:11 am by Rebecca Tushnet
Prince rejects fair use when his stated intent was to have fun. [read post]
7 Dec 2015, 6:31 am by Eugene Volokh
(If you read the opinion, note that in Pennsylvania Court of Common Pleas, opinions are often framed as the trial judge asking the Superior Court to affirm his ruling on appeal.) [read post]
27 Oct 2017, 8:04 am by Eugene Volokh
Eldred was not imprisoned for the status of being an addict, which would have been unconstitutional cruel and unusual punishment according to the United States Supreme Court case, Robinson v. [read post]
29 Nov 2011, 7:22 am by Edward Hartnett
”  Much of the battle in the Supreme Court in Martel v. [read post]
4 Sep 2022, 4:30 am by jonathanturley
Indeed, it almost had that High Chancellor Adam Sutler look from V for Vendetta. [read post]
18 Oct 2010, 10:55 am by Vikram Raghavan
State of Bihar be shapeless, formless like Agni or Vayu , or even a simple piece of wood. [read post]
29 Nov 2010, 11:30 pm by Gordon Smith
Last week, just before Thanksgiving, the Delaware Supreme Court issued its opinion in Airgas, Inc. v. [read post]
13 Jan 2014, 1:00 am by Jason Rantanen
By Sarah Burstein, Associate Professor of Law at the University of Oklahoma College of Law Pacific Coast Marine Windshields, Ltd. v. [read post]