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24 Sep 2015, 5:24 am
  This “independent” action requirement is the key to implied impossibility preemption after Mensing.Critically, Mensing’s “independence”  rationale was extended to design defect claims in Mutual Pharmaceutical Co. v. [read post]
16 Nov 2023, 9:01 pm by renholding
Key changes to the Risk Analytic Framework include: (1) additional detail around the transmission channels and vulnerabilities factors for assessing financial stability risks; (2) an increased emphasis on engagement with state and federal regulators regarding potential risks; and (3) clarification regarding the term “threat to financial stability. [read post]
30 Jul 2016, 8:49 am by Venkat Balasubramani
And without any plausible allegation of Article III injury, the complaint fails to state a basis for federal court jurisdiction. [read post]
26 Aug 2015, 7:04 am by David Lake
The problem of where residual authority resided was not solved until the Supreme Court in Marbury v. [read post]
29 Aug 2011, 3:05 am
Appx. 99 In 1991 Charles Carter filed a complaint with the New York State Division of Human Rights (SDHR) that alleged racial discrimination in employment. [read post]
5 Jul 2023, 9:30 am by Minyao Wang
The key is the “conduct relevant to the statute’s focus,” and that conduct must occur in the United States. [read post]
13 Apr 2011, 2:42 pm by Michael Erdman
At the very end of 2009, the Fourth Circuit ruled in Nemet Chevrolet v. [read post]
13 Aug 2019, 6:03 am
Thomas Key, in SportFuel is running empty after losing appeal: US 7th Circuit Court affirms that Gatorade’s slogan “Gatorade The Sports Fuel Company” is fair use, reports on the decision of the US 7th Circuit Court in SportFuel, Inc. v. [read post]
26 Jun 2013, 11:24 am by Larry Tribe
I focus here only on the Court’s invalidation of Section 3 of DOMA in United States v. [read post]