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27 Nov 2023, 1:05 pm by Rebecca Tushnet
This was just Dastar: “Design Gaps does not allege that the kitchens and cabinets cited in the Amended Complaint were actually sold in commerce by anyone other than the Peters Defendants. [read post]
27 Nov 2023, 12:29 pm by JURIST Staff
The magnitude of the humanitarian crisis being triggered by Israel’s occupation of Gaza does not justify ‘exorcizing’ a terror organization. [read post]
27 Nov 2023, 10:27 am by Jason Rantanen
 One would imagine that insurers in some appeals can and might need to subrogate, stepping into the shoes of the appellant when necessary to defend their risk—or writing policies that set a settlement floor to collect. [read post]
27 Nov 2023, 9:39 am by Allison Morris
EFF does not engage in practices that disrespect your privacy. [read post]
27 Nov 2023, 9:34 am by Franklin C. McRoberts
Where successful, forfeitures under the faithless servant doctrine may be hefty, draconian even, as the defendant learned firsthand in Owen. [read post]
27 Nov 2023, 9:31 am by Ronald Mann
So, in this case the state can tell us that in Georgia the word “verdict” does not include the ruling that a jury makes when a foreperson stands up in open court and tells the assembled audience that “We find the defendant not guilty. [read post]
27 Nov 2023, 9:00 am by ricelawmd_3p2zve
However, just because the police report is not admitted as evidence does not mean that it cannot be helpful to your lawsuit. [read post]
27 Nov 2023, 9:00 am by Sasha Volokh
"  Judge Haynes avoided that issue, but Judge Ho, dissenting from denial of rehearing en banc, insisted (citing, of course, Schechter Poultry and Carter Coal) that "the Constitution vests legislative power in Congress and does not permit delegation of that power—especially not to private parties. [read post]
27 Nov 2023, 8:30 am by Ronald Mann
Jarkesy does contend in passing that the particular features of the government’s claims against him are much more similar to common-law fraud claims than those in the early public-rights cases. [read post]
27 Nov 2023, 7:00 am by ricelawmd_3p2zve
Number of Defendants Another reason that a medical malpractice lawsuit could take longer is because multiple defendants are being sued. [read post]
27 Nov 2023, 6:05 am by Kirk Herbertson
Most of the reported killings of environmental defenders take place in democratic countries and are linked to business activities. [read post]
27 Nov 2023, 6:02 am by Second Circuit Civil Rights Blog
This immunity is so favorable to law enforcement, and other government defendants, that if immunity is denied at the trial court level, the defendant can file an immediate appeal. [read post]
27 Nov 2023, 5:51 am by Elizabeth Goitein
False and Misleading Statements in the HPSCI Report In defending Section 702, the HPSCI report makes several false or misleading statements. [read post]
27 Nov 2023, 5:00 am
The court noted that, absent any evidence that the actual Defendant learned of the lawsuit, the action was subject to dismissal under the Lamp v. [read post]
27 Nov 2023, 4:25 am by Stephen Pitel
  Surprisingly, then, it does not end up being adopted by the court. [read post]