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12 Sep 2017, 9:00 pm by Dan Flynn
” In the appellate ruling, written by Judge Carlos F. [read post]
20 Jul 2011, 7:54 am by Theo Francis
 Unusually for such a prominent company, all these executives get to keep health benefits no matter how they lose their jobs — even if they’re fired for cause. [read post]
23 Oct 2007, 5:42 am
Baltimore Ravens, Inc., 228 F.3d 489 (4th Cir. 2000), cert. denied, 532 U.S. 1038 (2001) (Bouchart I); Bouchat v. [read post]
25 Mar 2013, 2:07 pm by Kelly Phillips Erb
On the plus side, this track is faster and generally less formal (a bonus, in particular, if you’re filing yourself). [read post]
8 Jan 2009, 12:32 pm
  The court cited the recent decision of the First Circuit in In re Citigroup, Inc., 535 F.3d 45, 52(1st Cir. 2008), noting that while it will take all of the complaint’s well-pleaded facts as true, and draw all reasonable inferences in plaintiff’s favor, it is free to disregard “bold assertions, unsupportable conclusions, and opprobrious epithets. [read post]
29 Jul 2010, 1:10 pm by K&L Gates
  The expert will execute a confidentiality agreement (to be agreed upon by the parties) governing non-disclosure of the contents of the clone and its re-delivery to defendant's counsel after completion of electronic discovery. [read post]
31 May 2012, 10:14 am by Aaron Marr Page
Levine, 788 F.2d 830, 841 (2d Cir. 1986) (“The standard is high, and infrequently met”).This is a core part of the traditional approach, and perhaps its provides that safety release valve to allay the fear, found throughout these posts, that U.S. courts will be forced to enforce seriously unjust and/or abhorrent judgments. [read post]
21 Jun 2010, 8:14 am by David Lat
Nobody f**ks with The Kagan — not even a conservative legal luminary. [read post]
6 Mar 2011, 5:29 pm by Brandon L. Spurlock
Relying upon In Re American Express Merchant's Litigation, 554 F.3d 300 (2d Cir. 2009) ("Amex"), the District Court found E&Y's class waiver provision unenforceable on the grounds that enforcing the provision would preclude Plaintiff from vindicating her statutory rights. [read post]
12 Aug 2011, 7:15 am by Staci Zaretsky
A page of text with two spaces between every sentence looks riddled with holes; a page of text with an ordinary space looks just as it should.Meanwhile, at The Atlantic, Megan McArdle warns that you’ll have to pry that second space from her cold, dead hands:[I]f you’re spending time worrying over whether my emails contain one or two spaces, you need to ask them to let you out of the asylum more often so you can pursue a more interesting hobby. [read post]
1 Sep 2012, 9:30 am by Ilya Somin
We’re in a constitutional quagmire with respect to the treaty power that can only be escaped by limiting or overturning Missouri v. [read post]
29 Jun 2012, 8:12 am by John Lewis
Instead, the appellate court followed In re Hydrogen Peroxide Antitrust Litigation, 551 F.3d 305 (3d Cir. 2008), commenting: “Although in Hydrogen Peroxide we heightened the inquiry a district court must perform on the issue of class certification, nothing in that opinion indicated that class certification hearings were to become actual trials in which factual disputes are to be resolved. [read post]