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9 Sep 2011, 7:00 am by Max Factor
…This frank exchange is achieved only if participants know that what is said in the mediation will not be used to their detriment through later court proceedings and other adjudicatory process [citing Foxgate Homeowners Assn. v Bramalea, 26 Cal.4th 1 (2001)]. [read post]
7 Dec 2015, 6:31 am by Eugene Volokh
One of the drug dealers extorted ($1,000 per week} was Frank Trachtenberg; at a meeting with [Norman] Lit and Hartzell to make his first payment, Trachtenberg refused to name his cocaine source and Hartzell slashed his forehead with a knife. [read post]
30 Oct 2019, 1:05 pm by Rebecca Tushnet
  11th Cir. case: Savannah College of Art & Design v. [read post]
30 Aug 2012, 9:22 am
http://www.bankruptcylitigationblog.com/uploads/file/CASTLETON-BK-SD-IN-LORCH-9-30-11.pdf … B-SDNY: Absent exigent circumstances, stay imposed per Ch 15 is coterminous w/stay in corresponding foreign proceeding. http://www.bankruptcylitigationblog.com/uploads/file/DAEWOO-BK-SD-NY-LIFLAND-10-5-11.pdf … B-IA dismisses §548(a)(1)(B) cplt under Twiqbal based on failure to adequate plead insolvency, even if FRCP 9 inapplic.… [read post]
10 Feb 2023, 4:44 am by admin
Putting aside the idiosyncratic chapter by the late Professor Berger, most of the third edition of the Reference Manual presented guidance on many important issues. [read post]
10 Feb 2012, 11:31 am by Susan Brenner
Township of Indiana, 385 F.3d 274 (3d Cir. 2004) (`. . . constitutional retaliation claims are analyzed under a three-part test. [read post]
28 Aug 2008, 2:15 pm
Mastromatteo, No. 06-2349 Denial of defendant's motion for a Franks hearing and his sentence for drug-related offenses are affirmed where: 1) defendant's failure to obtain a written conditional plea was not a jurisdictional bar to the circuit court's hearing the appeal; 2) the district court did not err in holding that defendant lacked standing to contest a search of [read post]