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6 Jul 2015, 4:39 am by Rebecca Tushnet
 The court didn’t need to decide when pregnancy begins “as a biological matter. [read post]
3 Jul 2015, 4:00 am by Ian Mackenzie
National Energy Board, 1978 1 S.C.R. 369, at p. 394, is still routinely cited by courts and tribunals. [read post]
1 Jul 2015, 2:48 pm by Jon Sands
  The court also held that the petitioner's failure to object to the magistrate judge's report and recommendation on the entire petition (which did not contain the unexhausted claims) did not waive appellate review of the magistrate judge's ruling on the Rhines motion. [read post]
1 Jul 2015, 7:34 am by Schachtman
In fact, Rule 26(b)(1) describes the scope of allowable discovery as follows: ‛Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action… . [read post]
30 Jun 2015, 10:10 am by Matthew L.M. Fletcher
P. 12(b)(1) motion to dismiss was construed as a Rule 12(b)(6) motion to dismiss, the court would conclude that plaintiffs had sufficiently stated a 42 U.S.C. [read post]
29 Jun 2015, 9:28 am by Rebecca Tushnet
Cross-examination and real witnesses are what’s important for a case—real differences in procedure matter, such as presence of contingency fees. [read post]