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26 Jun 2019, 1:44 pm by Sasha Volokh
., concurring in part and dissenting in part) (citing Manning, supra); Talk America, Inc. v. [read post]
20 Jun 2019, 4:00 am by Xavier Beauchamp-Tremblay
The highest court in France, the Cour de cassation, generally issues decisions a handful of paragraphs long. [read post]
20 May 2019, 9:11 am by MOTP
Even a traditional doctrinal analysis cannot seriously eschew it.Rudimentary Empiricism in Describing the Prevailing Law: Case CountingBefore a meaningful case count can be conducted for a particular legal question, not to mention a histogram generated to show an evolutionary pattern over time, there must be a clear definition of what qualifies to be counted.What is the unit of analysis? [read post]
18 May 2019, 9:27 am by MOTP
 The Lodestar approach has long been in use in the federal courts when fees may be awarded under a fee-shifting statute (such as the civil rights act), but was limited in Texas state court mostly to employment discrimination cases and cases in which an attorney chose to present Lodestar-type evidence in support of a claim under a fee-shifting statute.The essence of the Lodestar method for valuing attorney work in litigation consists of a simple formula: reasonable hourly rate of the attorney… [read post]
11 May 2019, 11:47 am by MOTP
Wells Fargo, the Court approved and enforced a contractual waiver of the 2-year statute of limitations applicable to deficiency claims, and judicially substituted the four-year statute of limitations generally applicable to suits on debt. [read post]
29 Apr 2019, 1:07 am by Kevin LaCroix
  “In D&O policies, there is generally no duty to d [read post]
8 Apr 2019, 8:10 am by Rebecca Tushnet
That affects knowledge standard for secondary liability.Aws Shemmeri ImageRights International, Inc.: LiveJournal decision is a step in the right direction—scrutinize relationships ISPs have w/user communities. [read post]