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11 Jan 2021, 6:37 pm by Shannon O'Hare
The claims trade contract often is drafted in a way that shifts the risk of any subordination, disallowance, recharacterisation or the like back on to the transferor. [read post]
31 Jan 2012, 5:39 pm by Elizabeth A. Wilson
Noting that the majority opinion stated that the 1974 amendments made it clear that Congress viewed FTCA and Bivens as complementary causes of action, Justice Rehnquist disagreed, saying “I think it more likely that they reflect Congress’ understanding (albeit erroneous) that Bivens was a constitutionally required decision. [read post]
8 May 2019, 9:21 am by Eric Goldman
At this point, any future litigation success for Airbnb will likely require a bold judge willing to sidestep significant adverse precedent. [read post]
18 Aug 2015, 8:26 am by Kevin Johnson
All in all, the struggle between the Justice Department and Moones Mellouli might seem like small potatoes. [read post]