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13 Sep 2021, 11:55 am by Jason Rantanen
  This observation raises interesting questions regarding the basis on which juries are expected to make decisions in complex cases. [read post]
15 May 2020, 3:12 pm by Richard Hunt
That was enough to state a claim and keep the ADA claims alive. [read post]
18 Dec 2014, 9:17 am by Robert B. Milligan and Michael Wexler
  More and more states are considering laws prohibiting such actions, and [read post]
26 Sep 2024, 9:51 am by Holly
In other words, “‘Whatever first amendment rights you may have in calling the brew you make in your bathtub “Pepsi” are ‘outweighed by the buyer’s interest in not being fooled into buying it. [read post]
28 Aug 2008, 2:15 pm
Mitchell, No. 02-3505 Denial of a petition for habeas relief in a death penalty case is reversed where: 1) a state court applied the Strickland standard in an objectively unreasonable manner for purposes of claims that petitioner's counsel were ineffective in preparing for the sentencing phase of his trial; 2) the state court unreasonably determined that the alleged errors of trial counsel did not prejudice petitioner's case; and 3) a state court erroneously… [read post]
7 Dec 2021, 8:44 am by Eugene Volokh
I'll begin by laying out a few categories of situations where the risk of reputational harm is especially serious, and then summarize the state of court decisions on the subject. [1.] [read post]
30 Oct 2013, 11:55 pm by Gordon Firemark
In fact, Murray was licensed to practice medicine in four states and had never been sued for malpractice. [read post]
1 May 2022, 4:30 pm by INFORRM
The piece notes that neither judgment fully explains the reasoning behind their decisions, despite there being significant public interest in the outcome. [read post]
17 Oct 2013, 5:00 am by Bexis
”), medical doctors are most interested in the effective treatment of their patients, and thus typically tell it like it is. [read post]
14 Jul 2018, 6:42 am by Eric Goldman
New Jersey State Parole Board, 2017 WL 1057462 (N.J. [read post]