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26 Jun 2020, 9:14 am by Howard Friedman
The 2020 Rule directly contravenes the Supreme Court of the United States’ recent holding in Bostock v. [read post]
22 Jun 2020, 8:51 am by Arnold Wadsworth Coggins
United States, 509 U.S. 544, 550, 113 S.Ct. 2766, 125 L.Ed.2d 441 (1993), quoting M. [read post]
19 Jun 2020, 6:12 am
The latter forms of backsliding entail the debilitation of democratic institutions from within....Beginning in 2017, political scientists identified the United States under President Donald Trump as being in danger of democratic backsliding. [read post]
16 Jun 2020, 10:09 am by Michelle O'Neil
The United States Supreme Court has moved a giant leap forward in LGBTQ+ rights with the latest opinion in Bostock v. [read post]
15 Jun 2020, 4:29 am by Peter Mahler
Shareholder Derivative Claims Against Entities Controlled by Majority Shareholders Defeated by Doctrine of In Pari Delicto    Rutigliano v Absolute Electrical Contracting of NY, Inc., 2020 NY Slip Op 31768(U) [Sup Ct NY County June 4, 2020], involves a dispute regarding the ownership and control of a unionized electrical contracting business (Absolute) from which the plaintiff one-third shareholder allegedly was frozen out by his fellow shareholders. [read post]
12 Jun 2020, 2:35 pm by Masha Simonova
Federal sovereign immunity doctrine holds that no one can sue the United States without its consent—sovereign immunity is thus pleaded around by suing officers. [read post]
1 Jun 2020, 1:12 pm
The certification also stated plaintiff “[understood] that [defendant] reserve[d] the right to null and void the auction and sale of the unit for any reason. [read post]
1 Jun 2020, 5:48 am by Andrew Lavoott Bluestone
For this reason, a judgment on the merits in a prior action between the same parties bars litigation under a different legal theory (see Dickerson v United Way of N.Y. [read post]
25 May 2020, 9:04 pm by Guest Contributor
State and local governments instated facilities close and industry’s influence strikes again. [read post]
17 May 2020, 8:14 am
  The connection with accounting remained, but reduced to a dimension increasingly rejected by Western society as abhorrent to its ideals emerging from the Enlightenment (famously in Dostoevsky, Brothers Karamazov (Constance Garnett, trans.: NY Lowell Press) Bk V, Chp V, The Grand Inquisitor)). [read post]
12 May 2020, 4:05 am by Edith Roberts
At Dorf on Law, Michael Dorf pushes back against Justice Clarence Thomas’ originalist critique of the First Amendment overbreadth doctrine in a concurrence last week in United States v. [read post]
11 May 2020, 5:41 am by Andrew Lavoott Bluestone
Here, the government may still be liable for Theresa=s negligence under the FTCA (28 USC 1346 [b]; Haskin, 569 Fed Appx 12; Esgrance v United States, US Dist Ct, SD NY, 17 Civ 8352, Oetken, J., 2018; Jappa v PJR Const. [read post]
3 May 2020, 7:19 am by Eric Goldman
On appeal, Edwards argues that his conviction must be reversed and rendered because section 97-45-17 is unconstitutionally overbroad in violation of the Free Speech Clause of the First Amendment to the United States Constitution and unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. [read post]
30 Apr 2020, 4:05 am by Howard Friedman
In a dispute that has been litigated since 2004, a New York state trial court inAgudas Chasidei Chabad of the United States v. [read post]