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26 Aug 2011, 8:33 pm by Jonathan Hafetz
And none involves a government assertion of “state secrets,” at least not yet. [read post]
12 Jan 2011, 4:19 am by Andrew Lavoott Bluestone
In order to state a prima face case for a breach of fiduciary duty, " a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant's misconduct'" (Guarino v North Country Mortg. [read post]
26 Dec 2013, 7:31 pm by Timothy P. Flynn
 In the post United States v Windsor marriage jurisprudence, couples are challenging state constitutional bans on gay marriage by metes and bounds. [read post]
17 Oct 2020, 4:52 pm by Howard Friedman
The church had earlier unsuccessfully appealed a challenge to an earlier version of state restrictions all the way to the U.S. [read post]
23 Jun 2014, 8:57 am by Russell Cawyer
Treasury guidance defining spouse in such a way as to exclude same-sex spouses in the 2012 case U.S. v. [read post]
15 Feb 2014, 11:18 am
” This statute, like the ones enacted in other states, was interpreted as to allow Medicaid to assert a lien on a recovery up to the amount, regardless of the amount of the recovery which is properly allocable to Medicaid (see, e.g., Baker v. [read post]
7 Jan 2013, 10:30 am
You can find the court's opinion in State Farm v. [read post]
9 Oct 2021, 5:22 pm by Howard Friedman
As has been widely reported (CNN), the U.S. 5th Circuit Court of Appeals early today in United States v. [read post]
11 Jul 2013, 7:21 pm
In a recent case involving a constitutional challenge to seizing a person's DNA without his consent, the United States Supreme Judicial Court, in Maryland v. [read post]
10 Jun 2015, 9:30 pm by Dan Ernst
Historian Thomas Aiello describes the origins of the statute in Bourbon Louisiana—a period when white Democrats sought to redeem their state after Reconstruction—its survival through the civil rights era of the 1950s and 1960s, and the Supreme Court’s decision in Johnson v. [read post]
6 Apr 2016, 11:28 am by Steve Lubet
 If he intended to say "superficially significant," why not just put it that way? [read post]
4 Jan 2011, 5:02 am by Russ Bensing
  Ten years later, in State v. [read post]