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6 Dec 2020, 5:06 pm by Adam Levitin
  First, there is a problem of debtors attempting to push ever more aggressive and coercive restructuring plans. [read post]
5 Dec 2020, 7:44 am by Mavrick Law Firm
Continue reading → The post FORT LAUDERDALE NON-COMPETE AGREEMENTS: DELAWARE CHOICE OF LAW PROVISION IN FLORIDA CONTRACT appeared first on Florida Business Litigation Lawyer Blog. [read post]
4 Dec 2020, 3:48 pm by Squire Patton Boggs
In staying the injunction, the panel (Moore, Rogers, White, JJ.) focused on the plaintiffs’ likelihood of success on the merits of the constitutional challenge. [read post]
4 Dec 2020, 1:32 pm
  I've always thought of constitutional standing as a factual issue -- one that you decide on the factual merits -- not one of pure pleading. [read post]
4 Dec 2020, 1:31 pm by Andrew Hamm
Hologic Inc. 20-440Issue: Whether a defendant in a patent infringement action who assigned the patent, or is in privity with an assignor of the patent, may have a defense of invalidity heard on the merits. [read post]
4 Dec 2020, 12:30 pm by John Ross
The order treats religious and nonreligious schools identically, so the plaintiffs are unlikely to succeed on the merits. [read post]
4 Dec 2020, 12:11 pm by Benjamin Wittes
So let’s give Barr a pass on this point and focus only on the merits of the decision. [read post]
3 Dec 2020, 1:00 pm by Geoff Schweller
WPP investigates complaints of whistleblower retaliation and if the investigation finds merit to the complaint, the whistleblower may be entitled to remedies such as back-pay and reinstatement. [read post]
3 Dec 2020, 9:41 am by Andrew Kent
Decisions about specific investigatory or prosecutorial steps in particular criminal cases are almost always best left to career officials operating free from political intervention, and supervised by political appointees based only on “law and merit” rather than improper considerations including “White House approval or influence. [read post]
3 Dec 2020, 9:36 am by Josh Blackman
[Given the likely trajectory of COVID-19, the Court may never have to decide a pandemic case on the merits.] [read post]
The post Federal appeals court reverses injunction on North Carolina voter ID law appeared first on JURIST - News - Legal News & Commentary. [read post]
3 Dec 2020, 8:10 am by Christopher Tyner
The court first reviewed precedent to determine that the question of whether evidence has been sufficiently authenticated is subject to de novo review on appeal. [read post]
2 Dec 2020, 2:45 am by Jack Sharman
            First, the defense lawyer faces distrust in the culture arising from assumptions about the use and misuse of power. [read post]
1 Dec 2020, 6:45 pm by Francis Pileggi
A recent decision from the Delaware Court of Chancery belongs in the pantheon of consequential court opinions addressing the nuances, first principles and practical challenges regarding Section 220 of the Delaware General Corporation Law. [read post]
1 Dec 2020, 12:05 pm by Ronald Mann
The post Argument analysis: Justices seem wary of breadth of federal computer fraud statute appeared first on SCOTUSblog. [read post]
Similarly, the appeals court on Monday did not reach the merits of the case, determining that Kearns lacked standing to bring the suit. [read post]
1 Dec 2020, 9:45 am by Dennis Crouch
The first round of merits briefing has been filed by the US and Smith&Nephew. [read post]
1 Dec 2020, 9:03 am by Lawrence B. Ebert
Accordingly, we decline to consider Cisco’s argument made in the first instance on appeal. [read post]
 Hourly wage differentials are permissible if they are based on reasons other than part-time status, such as seniority or merit systems. [read post]
30 Nov 2020, 2:03 pm by Amy Howe
But they spent relatively little time on that topic, focusing instead on whether the Supreme Court could or should weigh in now, and by the end it seemed very possible that they may not resolve the merits of the case immediately – if at all. [read post]