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15 Jan 2014, 4:10 pm
 After Mr Harris had provided a review of the facts, he handed over to Richard Miller QC, who started by drawing attention to previous House of Lord decisions (Mulkerrin’s [2003] 1 WLR 1937 (HL); Vervaeke v Smith [1983] AC 145) in which the Court held that res judicata is a form of estoppel that should apply “even though the decision may be wrong”. [read post]
15 Jan 2014, 6:21 am by Adam Weinstein
On October 4, 2012, Anglin pleaded guilty to one count of mail fraud before the United States District Court for the Central District of California in U.S. v. [read post]
14 Jan 2014, 9:01 pm by Michael C. Dorf
The Supreme Court was sensitive to just this concern when it defined religion broadly for purposes of the conscientious objector statute governing military service in the 1965 case of United States v. [read post]
14 Jan 2014, 3:15 pm by Ruthann Robson
United States (Smith), Judge Terence Kern of the Northern District of Oklahoma found unconstitutional the state constitutional amendment, article 2,... [read post]
14 Jan 2014, 11:23 am
  And now Mississippi joins the growing number of courts that have said Class III medical device claims are preempted, regardless of whether the device was put to an off-label use.The case is Ledet v. [read post]
14 Jan 2014, 9:17 am by Eugene Volokh
This test, while more protective of religious exercise than the rule of Smith, is less so than the rule stated (though not always applied) in a number of other federal and state cases. [read post]
14 Jan 2014, 7:09 am by Joy Waltemath
However, the employee failed to show that he was substantially limited in a major life activity so his ADA claims failed as a matter of law (Koszarsky v AO Smith Corp, January 9, 2014, Harwell, R). [read post]
14 Jan 2014, 2:50 am by Matthew L.M. Fletcher
Hicks, because the court of appeals opinions, including the Eighth Circuit opinion in Smith v. [read post]
10 Jan 2014, 10:57 am by Mark Graber
  We discuss whether courts made the correct decision in such cases as Windsor v. [read post]
1 Jan 2014, 4:33 am
 [Incidentally, Merpel is not so sure about this - Smith & Nephew are stated to be the Claimant, so this looks like a declaration of non-infringement case. [read post]