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10 May 2015, 5:48 pm by WOLFGANG DEMINO
NEWEST ADDITION TO HECHT COURT'S IMMUNITY JURIS(MAL)PRUDENCE:    DRUNK DRIVER IMMUNITY    Here is yet another example of the Texas Supreme Court's penchant for creating and invoking immunity theories to deny plaintiffs their day in court against a party that caused injury, and thereby preventing a trial on the merits and recovery of damages from the tortfeasor proven to have committed the tort. [read post]
1 Feb 2019, 6:29 am by Jacques Singer-Emery
Judges Judith Rogers, David Tatel and Thomas Griffith reviewed Abd Al Rahim Hussein Al-Nashiri’s (“Al-Nashiri”) request for a writ of mandamus and prohibition directing the vacatur of the orders convening the military commission which tried him. [read post]
14 Feb 2011, 7:07 am by Mandelman
Bank, represented by its loan servicer, Select Portfolio Servicing (“SPS”), who was in turn represented by Buffalo’s most infamous foreclosure mill, Steven J. [read post]
27 Dec 2008, 10:19 am
. * 1660: Thomas Urquhart, Scottish aristocrat, polymath and first translator of Rabelais into English, is said to have died laughing upon hearing that Charles II had taken the throne. * 1671: François Vatel, chef to Louis XIV, committed suicide because his seafood order was late and he couldn’t stand the shame of a postponed meal. [read post]
6 May 2022, 4:27 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]
5 Jun 2022, 9:05 pm by Eric W. Orts
The Restatement reporters seem to miss this bottom-up, enabling feature of corporate law when describing the law as “setting” or “stating” the objective of corporations (Tentative Draft No. 1, § 2.01, cmts. a & j). [read post]
13 Dec 2011, 11:22 am
In respect of judicial bias, the statement made by Frank J. of the United States is worth quoting:- "If, however, `bias' and `partiality' be defined to mean the total absence of preconceptions in the mind of the Judge, then no one has ever had a fair trial and no one will. [read post]
24 Sep 2021, 12:08 pm by Eugene Volokh
Facebook, a split Third Circuit panel (in an opinion by Judge Thomas Hardiman, joined by Judge Peter Phipps) said the case could go forward; there is now a circuit split on the subject, so it's possible that the Supreme Court will take the matter up. [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
For the past five years, I have been writing columns and giving speeches warning that Donald Trump is an existential threat to constitutional democracy. [read post]
31 May 2011, 12:00 pm
SEB S.A. (131 S.Ct. 458 (2010)) 8-1; Justices Alito (author), Roberts, Scalia, Thomas, Ginsburg, Breyer, Sotomayor, and Kagan; Kennedy dissented. [read post]
4 Sep 2024, 9:05 pm by renholding
In the realm of corporate law, board directors are bound by fiduciary duties of loyalty and care to both the company and its stockholders.[1] The interpretation of these duties, however, is national, even in the European Union, despite its efforts to harmonize corporation law across borders since 1968.[2] While the influence of Delaware law in American courts brings some uniformity to U.S. corporation law, European courts in member states only sporadically consider laws from other member states,… [read post]
21 Aug 2024, 3:42 pm by Daniel J. Gilman
Last week, I posted an update on those challenges, noting three preliminary decisions: Judge Timothy J. [read post]
13 Sep 2010, 1:04 am by Chris Carey
Thomas Badian, who headed the investment firm that shorted Sedona's shares, was charged with fraud by the SEC, and was indicted on criminal charges. [read post]