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15 Sep 2022, 4:00 am
Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. [read post]
14 Sep 2022, 12:58 pm
Here, Plaintiffs’ citations to Smith’s declaration take the following form: “(CT ____, See Appellants’ Evidence Submitted in Support of Summary Judgment Alena Smith Decl. [read post]
14 Sep 2022, 7:45 am
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]
14 Sep 2022, 5:31 am
People’s Republic of China), while others sought more modest recoveries (for example, Smith v. [read post]
13 Sep 2022, 5:32 am
Salomon Smith Barney, Inc., 45 Cal. [read post]
13 Sep 2022, 3:00 am
[vii] In In re Search Warrant Issued June 13, 2019, 942 F.3d 159 (4th Cir. 2019) (“Baltimore Law Firm”), the court granted a warrant application and ex parte approved a filter team. [read post]
12 Sep 2022, 9:01 pm
The Smith case itself was the paradigm. [read post]
12 Sep 2022, 1:38 pm
., platforms, mobile applications) for prescribers and patients that facilitate virtual care, should carefully plan and closely evaluate existing arrangements to ensure compliance with applicable state and federal laws and avoid implication amongst the recent uptick in enforcement. [read post]
12 Sep 2022, 3:48 am
See, e.g., In re Merrill Lynch, Pierce, Fenner & Smith, Inc., 828 F.2d 1567, 4 USPQ2d 1141, 1143 (Fed. [read post]
10 Sep 2022, 2:43 pm
Smith filed the application at issue, which claims priority from an earlier provisional application, on October 22, 2015. [read post]
9 Sep 2022, 6:53 am
” In re Marriage of Hazel, 579 NE 2d 1265 – Ill: Appellate Court, 5th Dist. 1991 Once the period of applicable time for the dissipation has been defined and the dissipation has been specifically alleged, the burden then shifts to the alleged dissipator to prove that they did not, in fact, dissipate those assets. [read post]
8 Sep 2022, 9:01 pm
For the past five years, though, the Commission has spoken with a pretty clear voice here: through the DAO Report, the Munchee Order, and dozens of Enforcement actions, all voted on by the Commission.[8] Chairman Clayton often spoke to the applicability of the securities laws in the crypto space.[9] Not liking the message isn’t the same thing as not receiving it. [read post]
8 Sep 2022, 7:57 am
This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
8 Sep 2022, 5:55 am
Smith and Wesson Corp, the Indiana Supreme Court was one of two state courts to date to allow a case against the gun industry to proceed to discovery by dismissing the gun manufacturers’ argument that the term “applicable” in PLCAA is limited to statutes expressly regulating the marketing of firearms. [read post]
8 Sep 2022, 5:35 am
It is conceivable, of course, that some such applications of state tort law might indeed violate the Dormant Commerce Clause, at least when they apply to transactions that are entirely outside the relevant state. [read post]
7 Sep 2022, 5:23 am
"[25] It is also suggested by the Supreme Court's non-application of an independent exterritoriality test in almost two decades;[26] by [read post]
6 Sep 2022, 12:59 pm
However, under clearly established doctrine in Smith, Lukumi, and Fulton, strict scrutiny does not apply to a neutral and generally applicable law, like the Act here.The court also rejected equal protection and due process challenges. [read post]
6 Sep 2022, 8:48 am
Reed Smith’s client alert discussing the Thaler case is available here. [read post]
6 Sep 2022, 6:56 am
It does not exhaust, limit, and replace the previous principle that equity will not enjoin a criminal proceeding, but instead applies it to a particular kind of federal-on-state intervention (on the federalism dynamics for equitable intervention, see especially the work of Kellen Funk and Fred Smith). [read post]
5 Sep 2022, 2:11 pm
Smith w/Bade; concurrence by VanDyke). [read post]
