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24 Jun 2019, 8:19 am by Don K. Haycraft
  Thus, the uniformity principle expressed in Miles prevailed with its admonition that courts should not exceed legislative limits. [read post]
24 Jun 2019, 8:19 am by Don K. Haycraft
  Thus, the uniformity principle expressed in Miles prevailed with its admonition that courts should not exceed legislative limits. [read post]
21 Jun 2019, 2:23 pm by Anthony Zaller
Indeed, no reported California state court decision has endorsed the Ninth Circuit’s reasoning, and we are of the view that California courts “have been clear in their expression that section 16600 represents a strong public policy of the state which should not be diluted by judicial fiat. [read post]
20 Jun 2019, 4:00 am by Xavier Beauchamp-Tremblay
The CA decisions density increased by 36%, a smaller increase but still a material one considering that the CA decisions were already “denser” than the CQ and CS decisions in 2003 (which is normal for an appeal court, in Canada at least), leaving less room for spectacular increases (expressed in percentage). [read post]
14 Jun 2019, 2:15 am by Adeline Chong
The court expressed the tentative view that as a matter of consistency, the same approach should be adopted. [read post]
13 Jun 2019, 5:18 am by Eugene Volokh
Heartland Payment Systems, Inc., 729 F.3d 421 (5th Cir. 2013) (whether economic loss doctrine barred negligence claims against a bank that had its security software breached by computer hackers), and Patco Constr. [read post]
10 Jun 2019, 11:21 am by John Lewis
Airborne Express, Inc., 372 F.3d 588, 595 (3d Cir. 2004), the Court found “[t]here is no language in the FAA that explicitly preempts enforcement of state arbitration statutes. [read post]
6 Jun 2019, 5:01 am by Eugene Volokh
Allied International, Inc., 456 U.S. 212 (1982), where union members engaged in a purely politically motivated boycott of cargoes shipped from the USSR (engaged in as a protest of the invasion of Afghanistan). [read post]
4 Jun 2019, 7:28 am by Matthew DeVries
Although it was a summary order with no precedential effect, the Second Circuit held in In re: Lehman Brothers Holdings, Inc. [read post]
30 May 2019, 4:16 am by Andrew Lavoott Bluestone
” BR Ambulance Serv., Inc. v Nationwide Nassau Ambulance, 150 A.D.2d 745 (2nd Dep’t 1989) (internal citations omitted). [read post]