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1 Jun 2021, 8:15 am by Cheryl Van Fossen
Dobson, 513 U.S. 265, 281 (1995) (“[w]hat States may not do is decide that a contract is fair enough to enforce all its basic terms (price, service, credit), but not fair enough to enforce its arbitration clause”). [read post]
1 Jun 2021, 7:50 am by Derek T. Muller
The highway ran through tribal land.Collins, dissenting from the court’s refusal to reconsider, was joined by three judges, two Trump appointees and one appointed by President George W. [read post]
1 Jun 2021, 6:43 am by Juan C. Antúnez
Here’s how the 2d DCA framed the issue: [W]e write to address the parties’ arguments related to the scope of the probate court’s jurisdiction when faced with both an objection, which results in the filing of an independent action in circuit court, and a motion to strike a statement of claim. [read post]
1 Jun 2021, 6:28 am by Michel Paradis
The department’s claims, however, seem to have had little effect, given the breadth of support S.1520 now has. [read post]
31 May 2021, 10:30 pm by Mitra Sharafi
Several legal historians won awards at the Law and Society Association's virtual conference last week. [read post]
31 May 2021, 9:02 am by Richard Hunt
The 11th Circuit also confirmed its adoption and application of a set of four factors to evaluate tester standing under the ADA: (1) the proximity of the defendant’s business to the plaintiff’s residence; (2) the plaintiff’s past patronage of the defendant’s business; (3) the definiteness of the plaintiff’s plan to return; and (4) the frequency of the plaintiff’s travel near the defendant’s… [read post]
31 May 2021, 1:01 am by rhapsodyinbooks
(NMAAHC, Gift from Tulsa Friends and John W. and Karen R. [read post]
28 May 2021, 9:23 am by Eugene Volokh
Williams posted, "[w]atch out for Jack (me off) Kauffman. [read post]
Waterman concluded by noting that the Mayo Clinic, the farmer’s ultimate beneficiary, had not yet had its day in court and “[w]hether the Mayo Clinic’s challenge has merit is a question for another day in district court. [read post]
28 May 2021, 6:32 am by Jonathan H. Adler
Her dissent concludes: The majority states that "[w]hen the government promulgates race-based policies, it must operate with a scalpel. [read post]
28 May 2021, 5:11 am by Kenan Farrell
R&R Medical, LLC d/b/a Bear KompleX Case Number: 2:21-cv-00179-PPS-JPKFile Date: Wednesday, May 26, 2021Plaintiff: Monster Energy CorporationPlaintiff Counsel: James W. [read post]