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2 Dec 2013, 4:47 am
So, if for example, John Doe sues Mary Smith claiming she published a blog post that libeled him, Mary Smith can file a Rule 12(b)(6) motion to dismiss pointing out (if this is true) that Doe’s complaint (his statement of his claim) does not plead one of the essential elements of libel, which is that the statements were false. [read post]
9 Aug 2013, 5:03 am
Among the contents of the accessed e-mails were communications about [Lazette’s] family, career, financials, health, and other personal matters. [read post]
24 Jul 2021, 6:33 am
” The Chairs were joined on the letter by CECC Commissioners Senator Marco Rubio (R-FL) and Representative Christopher Smith (R-NJ), both former CECC Chairs. [read post]
28 Dec 2024, 5:56 pm
Special counsel Jack Smith has since abandoned the case against Trump ahead of the inauguration in adherence to Justice Department guidelines that sitting presidents cannot be charged. [read post]
25 Jun 2015, 5:00 am
Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a square peg into a ham sandwich. [read post]
23 Jul 2018, 4:44 pm
In a 1979 case called Smith v. [read post]
5 Jun 2019, 9:48 pm
Little matters how the United States has not adhered to the BIR. [read post]
7 Oct 2024, 4:00 am
Over the years on this blog, and in my books, articles, and essays, I have tried to convince readers that text, history, tradition, and precedent do not matter to the justices of the Supreme Court anywhere near as much as their personal ideological visions for America. [read post]
26 Sep 2015, 12:50 pm
How much will it matter? [read post]
10 Feb 2015, 1:01 pm
The issue was discussed at some length in another pharmacy case, Smith v. [read post]
12 Aug 2013, 9:01 pm
The whalers invoked the Alien Tort Statute (ATS) to get subject matter jurisdiction in the United States District Court. [read post]
4 May 2010, 2:31 pm
’s legal parents as a matter of Vermont law recognized in New York. [read post]
6 Jun 2009, 2:21 pm
Smith v. [read post]
20 Apr 2020, 4:32 pm
Subject Matter vs. [read post]
20 Jul 2012, 9:50 am
What matters is whether the conduct-regulating rule faithfully and accurately reflects extant international law, including as to liability. [read post]
20 Apr 2020, 4:32 pm
Subject Matter vs. [read post]
23 Jul 2010, 6:46 am
Markets cannot ensure desired results; must be superseded by planning & patterned justice Exponents: Aristotle, Adam Smith, Edmund Burke, James Madison, Lord Acton, F.A. [read post]
3 Oct 2014, 6:52 am
At the level where lawyers get involved (which is not, of course, all of where law matters) legal rules have an impact only because some kind of process makes them matter. [read post]
30 Jun 2016, 9:01 pm
Courts often employ other dodges to avoid taking jurisdiction of such political matters, like whether the matter is justiciable—an issue over which the court has jurisdiction. [read post]
10 Apr 2008, 9:31 am
And it’s not even a matter of Batman being a necessarily darker character than Superman, at least where it really counts. [read post]
