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5 Jul 2007, 2:50 pm
While the law of unconscionability differs a great deal from state to state, in most states it has two general components: "procedural unconscionability" (that relates to how a contract was formed), and "substantive unconscionability" (which relates to the unfairness of particular contract terms). [read post]
5 Jul 2007, 11:57 am
Supreme Court Urged to Approve Scheme Liability in Securities Fraud ActionsAlthough the SEC and DOJ did not file an amicus brief in the scheme liability case now before the Supreme Court, a number of other entities did, including the state securities administrators association, the council of institutional investors, state attorneys general, and eminent law professors.In the case of Stoneridge Investment Partners, LLC v. [read post]
5 Jul 2007, 2:26 am
Supreme Court has indeed ruled on laws of this nature, drawing the conclusion that you cite above in the 1982 Enmund v. [read post]
4 Jul 2007, 10:50 pm
If you want to help Duncan in this exciting adventure, email him here with news of the litigation in your jurisdiction.Right: chocks away, as Duncan "Biggles" Bucknell" flies off around the world to service his clientele's international interestsOther scorecards on Duncan's website list the current state of play in the US v Czech Budweiser dispute (here), Ranbaxy's battle with Pfizer over Lipitor (here) and the Eli Lilly/Teva/Dr Reddy's… [read post]
3 Jul 2007, 10:20 pm
The court followed Matter of Settlement Capital Corp v Yates 12 Misc 3d 1198(A) in stating that "fair and reasonable were to be evaluated on a case by case basis and the totality of the circumstances". [read post]
3 Jul 2007, 6:25 am
For a copy of the Appellate Term's decision, please use this link: Carmine Ltd. v. [read post]
2 Jul 2007, 1:25 pm
We previously reported on Susan Hudock's pro se battle against Aventis Pharmaceuticals. [read post]
1 Jul 2007, 12:33 am
But like too many other academic Broders, he is too detached to truly express, in my opinion, the seriousness of the current state of our political legal battles. [read post]
29 Jun 2007, 11:29 pm
MILLER, CAPTAIN, 3D PA CAVALRY, THE CAVALRY BATTLE NEAR GETTYSBURG, reprinted in 3 BATTLES AND LEADERS OF THE CIVIL WAR 406 (Robert U. [read post]
27 Jun 2007, 8:48 am
If the Supreme Court's your thing, there’s a page-one article on the jurisprudential battle between Justice Scalia and Chief Justice Roberts, revealing a fissure in the court's conservative bloc. [read post]
27 Jun 2007, 6:41 am
After much national and international uproar at these blatant violations of human rights, the Supreme Court finally ruled five to three in Hamdan v. [read post]
21 Jun 2007, 1:09 pm
One astute observer's comment, after the Rita decision, that "Breyer may have lost the battle, but has won the war," might be close to the reality. [read post]
21 Jun 2007, 2:03 am
It seems more likely that Congress will ask states to disclose basic information about how the election system is run than to regulate state election systems top-down. [read post]
20 Jun 2007, 6:34 am
If you don’t like what’s going on in the legal battle between Dickie Scruggs and State Farm, just wait a minute and it will change. [read post]
18 Jun 2007, 10:02 pm
I will begin this post with a brief backgrounder from Wikipedia:Loving v. [read post]
15 Jun 2007, 12:55 am
Low-Profile Supreme Court Case Offers Glimpse of Sharp Divide Legal Times The case of Bowles v. [read post]