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4 Jul 2023, 9:01 pm by Michael C. Dorf
Of the state plaintiffs, Missouri had the best claim to standing, but even its argument was very weak. [read post]
4 Jul 2023, 11:59 am by Eugene Volokh
Other than well-known exceptions to the Free Speech Clause, all political views and content are protected free speech….. [read post]
4 Jul 2023, 6:36 am by musicandcopyright
Part of that involves shedding its one-size-fits-all approach to making podcasts and instead customizing the process to suit the creator and the content. [read post]
3 Jul 2023, 5:23 pm
The Plaintiff in this case is an advocacy group, “Students for Fair Admissions. [read post]
3 Jul 2023, 3:55 pm by Eugene Volokh
The Court turns next to Plaintiff's unusual request that he be exempted from the Local Rules' requirements that all plaintiffs file with the court a full name and residential address, and that pro se plaintiffs also file a telephone number at which they may be contacted in lieu of counsel…. [read post]
The railway company tried to force the dispute into arbitration, and the question of whether the Pennsylvania law could be applied to a case involving a plaintiff outside of Pennsylvania worked its way up the court system until it made it all the way to the U.S. [read post]
3 Jul 2023, 11:55 am by Rebecca Tushnet
A group of patients who developed bladder cancer sued and a jury returned a verdict in favor of bellwether plaintiffs. [read post]
3 Jul 2023, 11:25 am by Rebecca Tushnet
The “paradigmatic direct injury” is “diversion of sales to a direct competitor”; other recognized injuries may include “harm[ing] a plaintiff’s reputation by casting aspersions on its business,” “denigrat[ing] a plaintiff’s product by name,” “damag[ing] the product’s reputation by, for example, equating it with an inferior product,” or “seek[ing] to promote [the defendant’s] own interests by… [read post]
3 Jul 2023, 10:36 am by Jeff Welty
All of the approaches under consideration may raise constitutional questions about the extent to which legislatures may curtail the discretion historically vested in other branches, and some of the initiatives have already been challenged in court. [read post]
3 Jul 2023, 6:29 am by B. Michael Clark, Jr.
In the ensuing appeal the plaintiff argued that the four-year statute of limitations for construction-related claims should apply instead of the two year, more general statute of limitations. [read post]
3 Jul 2023, 4:00 am by Eric Segall
What makes all of the above even more problematic is that the Court didn't even have to weigh in on this difficult case at all. [read post]
3 Jul 2023, 3:00 am by Chip Merlin
It’s part of me, it’s part of my life; I have been doing it all my life and it stands out above everything else. [read post]
3 Jul 2023, 2:37 am by Andrew Lavoott Bluestone
Here, the client actively encouraged the use of certain expensive experts and made no objections at all to the billings. [read post]
2 Jul 2023, 9:06 pm by Allan Blutstein
(summary order) -- affirming district court’s decision that DOJ’s Inspector General properly relied on Exemption 7(C) to withhold the identity of a former senior employee from a report concerning that employee’s misconduct; noting that the employee’s rank, seriousness of wrongdoing, and absence of alternative access to the information favored disclosure, but agreeing with district court that disclosure would “do little to advance the public interest identified by… [read post]
2 Jul 2023, 2:11 pm by Nassiri Law
Plaintiff had worked for more than a year as a picker at an Amazon warehouse in Bakersfield when his mother died. [read post]
” The United States government also filed an amicus brief in favor of certiorari, writing: All forced job transfers and denials of job transfers based on an employee’s race, color, religion, sex, or national origin are actionable under Title VII…The Eighth Circuit’s contrary rule—that a plaintiff must prove that a discriminatory job transfer resulted in a “materially significant disadvantage,” has no foundation in Title VII’s text,… [read post]