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27 Jun 2024, 9:59 am by Andrew Weissmann
So, like the abortion rulings decided this term, although the Court is currently maintaining the status quo, we need to stay tuned for when the Court inevitably will reach the merits. [read post]
27 Jun 2024, 9:40 am by Eric Goldman
The names clause in Section 2(c) and most other trademark laws do not discriminate based on viewpoint, so after Elster, these types of laws are not automatically subject to heightened scrutiny analysis, as discussed next. (2) Is there a historical tradition of viewpoint-neutral restrictions on this type of speech in trademark law? [read post]
27 Jun 2024, 9:29 am by Josh Blackman
And so that statute failed as it then existed, the pre-amendment version of the Gun-Free School Zones Act, on its face. [read post]
27 Jun 2024, 9:10 am by Patrick Kelly and Jay Aldis
Potential Alternatives Non-Solicitation, Non-Disclosure, and Confidentiality Agreements: The Rule does not bar non-solicitation, confidentiality, and non-disclosure restrictions, so long as they don’t “function to prevent a worker from seeking or accepting other work or starting a business after their employment ends. [read post]
27 Jun 2024, 9:04 am by Bill Marler
Although we are confident in the likely source of the outbreak being linked to lettuce, work continues to confirm this and identify the root cause of the outbreak with the growers, suppliers and manufacturers so that actions can be taken to prevent a re-occurrence. [read post]
27 Jun 2024, 9:01 am by Rebecca Tushnet
So too with Illinois law, despite defendants’ arguments that their conduct wasn’t in Illinois: “[W]here an Illinois consumer purchases a product in Illinois that a company has marketed to Illinois and distributed for sale in Illinois, the transaction has occurred ‘primarily and substantially’ in Illinois. [read post]
27 Jun 2024, 9:00 am by Ruthie Lazenby
Grid reliability requires several core elements: sufficient generation of electricity that can provide the many reliability services needed across time and space; stable and dependable delivery of that electricity through transmission and distribution in the face of possible disturbances; operating tools and systems that ensure the real-time balancing of the whole system so supply continuously matches demand; and flexibility in some portion of demand itself to respond to changing conditions… [read post]
27 Jun 2024, 9:00 am by AccelerateEditor
When they fail to do so, they may be held liable for any injuries that occur as a result. [read post]
27 Jun 2024, 8:55 am by Lawrence Solum
I respond that (a) the power was broader and more consequential than Wurman maintains, and (b) a theory of the nondelegation doctrine premised on the distinction between “important subjects” and “details” is so malleable as to be non-falsifiable as a historical matter, which means that any judge who invokes the theory to toughen the doctrine today is not following history’s lead but instead is engaging in a creative and political act of constitutional… [read post]
27 Jun 2024, 8:47 am by Howard Friedman
In my view, that understanding of EMTALA is not “likely to succeed on the merits,” and so cannot support a stay of the injunction.Justice Jackson concurred in the portion of Justice Kagan's opinion that responded to Justice Alito's dissenting opinion. [read post]
27 Jun 2024, 8:46 am by The Murray Law Firm
The Murray Law Firm has extensive and successful experience in handling security negligence claims on behalf of victims and their families, and suggests that an immediate, unbiased inspection of the property will need to be performed so as to limit evidence from being altered, damaged or destroyed. [read post]
27 Jun 2024, 8:40 am by Josh Blackman
Kavanaugh already has six opinions, so I think he is done for the term. [read post]
27 Jun 2024, 8:09 am by The Murray Law Firm
The Murray Law Firm has extensive and successful experience in handling security negligence claims on behalf of victims and their families, and suggests that an immediate, unbiased inspection of the property will need to be performed so as to limit evidence from being altered, damaged or destroyed. [read post]
27 Jun 2024, 8:09 am by The Murray Law Firm
The Murray Law Firm has extensive and successful experience in handling security negligence claims on behalf of victims and their families, and suggests that an immediate, unbiased inspection of the property will need to be performed so as to limit evidence from being altered, damaged or destroyed. [read post]
27 Jun 2024, 8:07 am by Dave Ratner
(Subscribe to our channel so you don’t miss Part 2!) [read post]
27 Jun 2024, 8:05 am by Samuel Bray
So the opinion does seem to rest on the traditional structure. [read post]
27 Jun 2024, 8:04 am by Abbe Gluck
  However, this snippet is a nod to our argument, previously blogged about here, that bankruptcy cannot be used as a cure-all for the challenges of complex civil litigation:"So, yes, bankruptcy law may serve to address some collective-action problems, but no one (save perhaps the dissent) thinks it provides a bankruptcy court with a roving commission to resolve all such problems that happen its way, blind to the role other mechanisms (legislation, class actions, multi-district… [read post]
27 Jun 2024, 8:01 am by Tom Smith
Several pieces of a pared-back plan were eventually incorporated into the so-called Inflation Reduction Act of 2022, with an estimated cost of around $800 billion. [read post]
27 Jun 2024, 8:00 am
Equal Employment Opportunity Commission (EEOC), Factor One Source Pharmacy, LLC, breached federal law when it asked about employees’ disabilities and genetic information so that it could hire individuals who had hemophilia, or had family members with the condition, and then pressured them into making purchases of expensive meds from the company. [read post]