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25 Aug 2020, 8:06 am by Nathaniel Sobel, Julia Solomon-Strauss
Emphasizing the applicable legal standard on a 12(b)(6) motion, the court determined that Trump’s allegations “lack sufficient factual support to render them plausible. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
A second academic amicus brief by Samuel Bray, Michael McConnell and Kevin Walsh arguing the courts lack statutory subject-matter jurisdiction to hear the case. [read post]
18 Aug 2020, 9:01 pm by Michael C. Dorf
The Supreme Court ruled in June that the procedures it used rendered the rescission invalid.Why? [read post]
15 Aug 2020, 4:29 am by Joel R. Brandes
    Appellate Division, Second Department     Appellate Division awards counsel fees for services rendered in pursuing counsel fee application in light of the defendant’s persistent refusal to tender a meanin [read post]
4 Aug 2020, 9:01 pm by Michael C. Dorf
Each includes a few tasty morsels, but collectively they have the opposite effect of what their authors intend: they show that the Court’s written output very closely reflects its internal workings, thus rendering the internal reportage and leaking superfluous.Nonetheless, the authors of these books and of articles like those in Biskupic’s recent series appear to think that they are making a more revealing point: that behind closed doors the justices consider factors like public… [read post]
28 Jul 2020, 6:29 am
Posted by Karen Shriver, Greg Nowak and Michael Crumbock, Troutman Pepper, on Tuesday, July 28, 2020 Editor's Note: Karen Shriver is an associate and Greg Nowak and Michael Crumbock are partners at Troutman Pepper. [read post]
17 Jul 2020, 11:07 am by Michael Lowe
  The National Health Care Anti-Fraud Association (NHCAFA), which describes itself as the leading national organization focused exclusively on the fight against health care fraud, reports the following as the most common types of health care fraud (quoting from the site): Billing Issues Billing for services that were never rendered-either by using genuine patient information, sometimes obtained through identity theft, to fabricate entire claims or by padding claims with charges for… [read post]
8 Jul 2020, 2:32 pm by Michael Abramowicz
As the authors recognize, however, there is a difference between affecting private bargains by rendering certain types of bargains unenforceable ab origine or regulating in ways that affect private contracts (neither of which is much in dispute in the pandemic) and interpreting private contracts or even overriding private contract terms to accomplish public goals. [read post]
2 Jul 2020, 8:40 am by Kristian Soltes
More than 75 percent of the small businesses in the U.S. are sole proprietors, the release says, and Venmo wants to aid them in the times when the pandemic has shut down many businesses or rendered them inoperable due to the risk of transmitting the coronavirus. . . . [read post]
29 Jun 2020, 6:21 pm by Daniel E. Cummins, Esq.
Thus, the Court held that the Protz decision should be applied retroactively to the date of the IRE in this matter.I send thanks to Attorney Michael Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.Anyone wishing to review the Majority Opinion in Dana Holding may click this LINK. [read post]