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13 Dec 2010, 3:20 am by Andrew Lavoott Bluestone
United States, 350 F.3d 299, 306 (2d Cir. 2003); accord County of Erie, 546 F.3d at 229; see also Bilzerian, 926 F.2d at 1292; von Bulow, 828 F.2d at 103; Am. [read post]
20 Apr 2017, 8:45 am by Kate Howard
Court of Appeals for the 7th Circuit’s reasoning in United States v. [read post]
3 Mar 2007, 4:06 pm
United States that "use" requires "active employment" of the firearm against 1993's SOC holding in Smith v. [read post]
5 Aug 2011, 3:08 pm
Lost in the coverage of high-profile budget battles, the United States Supreme Court has issued three extremely anti-consumer, anti-worker and anti-plaintiff decisions this term that directly threaten our ability to represent injured clients. [read post]
15 Jul 2010, 7:48 am by Paul Levy
(I have not analyzed whether ML-Implode would have had a good summary judgment motion) Rather than showing flaws in the ruling, this incident reminds us of the urgent need to adopt a federal anti-SLAPP statute, because all state anti-SLAPP laws are not alike. [read post]
23 Aug 2018, 2:01 pm by Rick St. Hilaire
The ACCG objected, prompting the trade group "to manufacture litigation by deliberately importing restricted ancient Cypriot and Chinese coins into the United States," said the appeals court.In its August 7, 2018 ruling, the appellate court wrote that "the Guild has never made a good faith effort to comply with the applicable regulations. [read post]
17 Nov 2009, 2:16 pm
And in United States v. [read post]
25 Jun 2011, 12:55 pm by Sandy Levinson
(For all I know, there were good reasons to reject the deal, but that's obviously not the point. [read post]
9 Jul 2017, 10:04 pm by Barry Barnett
The Second Circuit had held that “for ‘securities that are not traded on a domestic exchange,’ a transaction is considered ‘domestic if [1] irrevocable liability is incurred or [2] title passes within the United States.'” Petrobras, slip op. at 22 (quoting Absolute Activist Value Master Fund Ltd. v. [read post]
13 Jun 2013, 11:51 am by Sara Hutchins Jodka
Sutter, a case addressing an arbitration clause that was silent as to whether it permitted class-wide arbitration, the United States Supreme Court held that so long as an arbitrator's decision construes the parties' contract, the arbitrator has not "exceeded his powers" – which would permit a court to vacate the decision under §10(a)(4) of the Federal Arbitration Act (“FAA”) – and the arbitrator’s constructions should be upheld, “however… [read post]
17 Jun 2010, 10:30 am by Robin Mashal
Mashal has been admitted to the State Bar of California and the Bar of the United States Supreme Court. [read post]