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8 Apr 2020, 12:36 pm by Eugene Volokh
Here's the majority's substantive analysis, which relied extensively on Jacobson: {In Jacobson, the Supreme Court considered a claim that the state's compulsory vaccination law—enacted amidst a growing smallpox epidemic in Cambridge, Massachusetts—violated the defendant's Fourteenth Amendment right "to care for his own body and health in such way as to him seems best. [read post]
8 Apr 2020, 6:23 am by Jonathan Holbrook
At trial, the defendant testified that he had yelled at the group to “shut the f— up” and they yelled back “f— you; go inside; white boy. [read post]
7 Apr 2020, 9:01 pm by Sherry F. Colb
Most defendants who plead insanity may be very different from Juan Gonzalez. [read post]
7 Apr 2020, 11:42 am by John C. Manoog III
In the second case, the parties waived a jury trial, and the trial court judge found that liability did not become reasonably clear until after closing arguments in the first case and that the insurer had violated Massachusetts General Laws ch. 176D, § 3(9)(f) from that time point until six weeks later. [read post]
6 Apr 2020, 6:27 pm by Shea Denning
The installment plan set up fee of $20 under G.S. 7A-304(f) may not be assessed until after the due date has passed. [read post]
6 Apr 2020, 1:36 pm by Elliot Setzer
The Field Manual is specifically tailored to equip writers and journalists, as well as their allies and employers, with practical strategies and comprehensive resources to defend against online abuse. [read post]
”[17] Willful blindness has two requirements: “(1) [t]he defendant must subjectively believe that there is a high probability that a fact exists and (2) the defendant must take deliberate actions to avoid learning of that fact. [read post]
3 Apr 2020, 4:42 pm by Sarah Aberg
Lockheed Martin Corp., 814 F.3d 619, 627 (2d Cir. 2016), “except in a truly exceptional case, a corporate defendant may be treated as essentially at home only where it is incorporated or maintains its principal place of business. [read post]
3 Apr 2020, 10:15 am by Eugene Volokh
While the Court recognizes that this factual implication derives only from a part of the statement, and that the remaining portion is couched in Defendant's subjective opinion and perception, the Supreme Court of Virginia has held that "[f]actual statements made in support of an opinion … can form the basis for a defamation action. [read post]
2 Apr 2020, 5:16 am by Schachtman
Back in the summer of 2019, Judge Saylor, the MDL judge presiding over the Zofran birth defect cases, ordered epidemiologist, Dr. [read post]
2 Apr 2020, 3:59 am by Krzysztof Pacula
The association asserts claims for damages, assigned to it by the purchasers of motor vehicles, and seeks the payment of a fixed amount and a declaration establishing the liability of the defendant for all future damage. [read post]