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3 Apr 2014, 6:46 am by Joy Waltemath
Wal-Mart countered that when the plaintiff was “ejected” from Dukes, she was no longer a member of any class and, under the Fifth Circuit’s decisions in Salazar-Calderon v Presidio Valley Farmers Ass’n and Hall v Variable Annuity Life Ins. [read post]
14 Sep 2013, 11:28 am by Donald Thompson
 In such situations, the prosecutor may be relying on evidence that exists in the case, but characterizes it differently depending on what suits the prosecutor’s theory, even if the arguments made in both cases are  mutually inconsistent (see, e.g., Smith v Groose, 205 F3d 1045, 1050 [8th Cir 2000]; Thompson v Calderon, 120 F3d 1045 [9th Cir 1997], rev’d on other grounds 523 US 538; United States v Salerno, 937 F2d 797, 812 [2nd Cir 1991],… [read post]