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7 May 2023, 6:00 am by Lawrence Solum
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
5 May 2023, 9:32 am by Eugene Volokh
Other New York decisions dismissing tortious interference claims against the press are in accord (see, e.g., Huggins v. [read post]
5 May 2023, 8:47 am by Eric Goldman
So we must wait-and-see if the Supreme Court changes the status quo or if other circuits disagree with the Reddit ruling. [read post]
5 May 2023, 6:23 am by Andrew Lavoott Bluestone
Schindler v Isller & Schrage, P.C., 262 AD2d 226 [1st Dept 1999], lv dismissed 94 NY2d 791 [1999] [plaintiff granted judgment on Judiciary Law § 487 claim as defendant law firm knowingly withheld crucial information from court in underlying action]; cf Betz v Blatt, 160 AD3d 696 [2d Dept 2018] [defendant attorney was properly denied summary dismissal of Judiciary Law § 487 claim based on allegations that he filed blatantly deficient accounting with court, which… [read post]
5 May 2023, 4:20 am by Michael C. Dorf
As CJ Roberts wrote for the Court last Term in West Virginia v. [read post]
5 May 2023, 4:00 am by Robert McKay
That v-Lex and Fastcase have merged, now called v-Lex Group, is an important and certainly interesting development for customers on both sides of the Atlantic and far beyond, continuing a process in which the two businesses have been steadily advancing through acquisition and consolidation. [read post]
5 May 2023, 2:47 am by Dan Cooper
On March 4, 2023, the European Court of Justice (”CJEU”) issued its judgment on case C-300/21, UI v Österreichische Post AG. [read post]
4 May 2023, 9:05 pm by renholding
It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal.[1] The basis for this argument derives from the fiduciary duty of loyalty and its corollary, the “sole interest” or “exclusive benefit” rule, enshrined in both federal and state law, which prohibits fiduciaries from investing for any purpose other than the financial well-being of the beneficiary. [read post]