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31 Mar 2009, 9:05 am by Thomas Swartz
  The Court stated:The bare allegation that [plaintiff] was "a vulnerable congregant" is insufficient to establish that plaintiff was particularly susceptible to Father DeBellis's influence. [read post]
31 Mar 2009, 9:05 am by Thomas Swartz
  The Court stated:The bare allegation that [plaintiff] was "a vulnerable congregant" is insufficient to establish that plaintiff was particularly susceptible to Father DeBellis's influence. [read post]
27 Mar 2009, 1:38 am
 Here's a recap of the collateral estoppel argument before the SCOTUS in  Yeager  v. [read post]
20 Mar 2009, 8:40 am
   The level of popular and official venom is so high on this matter that it dwarfs the evidence of "a bare desire to harm" that animated the Court's conclusions in Moreno or Romer v. [read post]
19 Mar 2009, 12:56 pm
It is worth noting an issue barely discussed on footnote 13. [read post]
18 Mar 2009, 1:38 am
    The US Supreme Court just put the brakes on the pre-emption defense with its decision in Wyeth v. [read post]
13 Mar 2009, 2:09 pm
Thanks to Dwight Merriam for the heads-up on "Driven Out," the upcoming New York Times book review of Little Pink House - A True Story of Defiance and Courage, about the infamous 2005 eminent domain case Kelo v. [read post]
13 Mar 2009, 11:27 am
Memorial Eye, 2:2008cv00983 (filed12/23/2008) * 1-800 Contacts v. [read post]
10 Mar 2009, 11:09 pm
Look at a case from Australia called Lockwood Security Products Pty Ltd v. [read post]
4 Mar 2009, 9:55 pm
My sources tell me that 1-800 Contacts is the prime mover behind this statute, and 1-800 Contacts has testified in support of the law. 1-800 Contacts has an hard-to-explain love/hate relationship with keyword advertising. 1-800 Contacts has been a repeat litigant against keyword advertising, including being the losing plaintiff in the landmark 1-800 Contacts v. [read post]
4 Mar 2009, 12:07 pm
Particularly if one breaks out the three Carter appointees and adds that Judge Dorothy Nelson -- who was senior but on the panel -- gets to be in the draw if she'd like (I assume that's the rule with full en banc calls in addition to limited en banc panels), you get a bare majority vote to flip the case around.Mind you, there are assuredly factors the other way, including the fact that many judges may not vote for full en banc review for administrative or historical reasons, and… [read post]