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12 Jan 2024, 12:54 pm
Two days ago, I somewhat critiqued Judge Nelson's analysis of when circuit precedent is sufficiently inconsistent with a subsequent Supreme Court decision to no longer bind a panel.Today, Judge Bress authors a lengthy opinion that, in my view, is exactly the right way to do about doing precisely that.Personally, I hope (and think) that the defendant will prevail in this trademark dispute, just as it did in the district court and in the Ninth Circuit's original opinion. [read post]
11 Jan 2024, 3:26 pm
The law requires that the amount of UM payments due -- which is, in fact, clearly disputed, since plaintiff is demanding tons more than the $2,000+ CSAA has offered to pay -- be arbitrated, so, yeah, that dispute goes to arbitration.I'm honestly not sure how the trial court could have possibly thought otherwise.Now, it's clear that the trial court was miffed at CSAA, and thought that it was, in fact, just stalling, and hoping to benefit by delay. [read post]
10 Jan 2024, 8:09 am
Ex Parte Young.Judge Nelson's opinion expressly concedes that "Wolfe v. [read post]
9 Jan 2024, 12:05 pm by Eugene Volokh
I'm doing a one-credit course to get a feel of it, and hope to expand it the year after. [read post]
9 Jan 2024, 7:32 am
He is also hoping that the litigation can eat up enough time to postpone the election trial — now set to start in early March — until after Election Day. [read post]
7 Jan 2024, 3:45 am by jonathanturley
I hoped and prayed no one tried to enter through those doors. [read post]
5 Jan 2024, 4:36 pm by Steven Calabresi
As a woman, Haley is uniquely positioned to bring back to the GOP those republican women who have been alienated by the overturning of Roe v. [read post]