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4 Jul 2023, 9:02 pm by Vikram David Amar
Going forward, then, it ought to be clear that the Court has no tolerance for the ISLers’ claim that the “Elections Clause insulate[s] state legislatures from review by state courts for compliance with state law. [read post]
9 May 2013, 5:34 am
In the PLIVA case, the court had ruled that federal laws barred generic manufacturers from altering warning labels on their products to differ from those on the brand name product. [read post]
19 Sep 2021, 2:00 pm by Troy Rosasco
JASTA eliminated that requirement and gave U.S. federal courts authority to hear cases alleging harm from a foreign state’s sponsorship of acts of terrorism even if the State Department issued no official state sponsor of terrorism designation. [read post]
2 Dec 2010, 12:33 pm by Jason Rantanen
  The complete brief can be downloaded from the American Bar Association's website. [read post]
31 Mar 2014, 8:54 pm by Kirk Jenkins
 Far from being workarounds from the pro-arbitration mandate of the FAA, Armendariz and Gentry were examples of the California Supreme Court "following the U.S. [read post]
26 May 2015, 6:15 am by A. Jordan Sykes and Joshua Davey
(In fact, the court noted that, since Morgan Drexen could not point to any inconvenience associated with litigating in California, the District Court properly “relieved it of litigating overlapping issues in two federal forums” and “fostered” judicial economy.) [read post]
5 Feb 2024, 10:06 am by Kevin LaCroix
In 2023, a federal district court in Ohio joined the list of courts finding that disgorgement is uninsurable. [read post]
29 May 2007, 8:03 am
The Justices also said they would rule on the duty of federal courts to defer to a contract agreement between the parties to have broad court review of any arbitration award (Hall Street Associates v. [read post]
1 Jul 2019, 9:01 pm by Vikram David Amar
United States—flew under the radar perhaps because it was decided narrowly; the Court upheld the discretion enjoyed by the U.S. [read post]
26 Feb 2010, 5:09 am by Dr. Jillian T. Weiss
Consequently, the court barred the EEOC from seeking relief on behalf of the 67 allegedly aggrieved persons. [read post]
21 Aug 2023, 10:36 am by jonathanturley
I am hopeful that this issue will find its way into the federal courts so we can fully test these claims through an appellate process. [read post]
29 Dec 2015, 12:12 pm by Kenneth J. Vanko
The bench is often very close to the bar in state courts, meaning that judges understandably are reluctant to impose sanctions for frivolous claims. [read post]
30 Jun 2014, 3:13 pm by Lyle Denniston
Equal Employment Opportunity Commission, the Court will decide whether federal courts are barred from second-guessing the federal EEOC’s attempts to resolve claims of discrimination in the workplace, before lawsuits are filed. ** In two cases, to be heard separately, the Court will seek to clarify how long an individual has to file a claim of wrongdoing with a federal agency under the Federal Tort… [read post]
25 Apr 2016, 8:37 am by Eugene Volokh
Twenty-five years ago, the Fifth Circuit struck down a Texas law barring out-of-state residents from owning bars, liquor stores, and the like. [read post]
30 Aug 2012, 1:39 pm by Lyle Denniston
District Court in Washington on Thursday barred the state from enforcing it. [read post]