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23 Jun 2016, 10:00 am by Paul Caron
Headnotes 103 (2016): October Term 2014 featured what is to date the most important state and local tax case since 1992’s Quill Corp. v. [read post]
19 Jun 2016, 9:01 pm by Ronald D. Rotunda
An infantile child prank becomes a felony charge for the perpetrator.Last year, Justice Scalia noted in in his partial concurrence in Kansas v. [read post]
5 Jun 2016, 9:01 pm by Ronald D. Rotunda
The dissent would allow Congress to play favorites among the states in the guise of dealing with low minority turnout.National Federation of Independent Business v. [read post]
27 May 2016, 3:48 am
Minn. 1991) where the plaintiff successfully claimed for use of his character name ‘Spanky’.The potential for a broad interpretation of ‘identity’ is best illustrated by the Californian case of White v. [read post]
6 May 2016, 12:30 pm
  For other Texas (and other states’) cases applying the learned intermediary rule to prescription medical devices, see our post here.Collectively, strike one.Second, Texas’ rejection of design defect claims involving prescription medical products is also reflected in that state’s product liability statute. [read post]
3 May 2016, 5:08 pm by Kevin LaCroix
  A plaintiff whose PII, PFI, or PPI was stolen by hackers typically brings suit against the hacked company on his or her own behalf and on behalf of a class of similarly situated people, hoping the presiding court will certify the proposed class and allow the case to proceed as a class action.[3]  Causes of action in customer cases run a wide gamut of legal theories, from traditional tort claims (negligence and fraud) to allegations of state and federal statutory violations (for… [read post]