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14 Sep 2021, 7:37 am by Steve Lubet
As Justice Kavanaugh explained in his powerful concurring opinion in NCAA v. [read post]
13 Sep 2021, 12:31 pm by Giles Peaker
While a management order conferring a separate power to create a reserve fund, over and above the lease was a possibility – Maunder Taylor v Blaquiere (2003) 1 WLR 379  – that was not what the management order in this case did. [read post]
13 Sep 2021, 4:22 am by SHG
He began, as so many do these days, with the Supreme Court’s shadow docket decision in Whole Woman’s Health v. [read post]
12 Sep 2021, 3:10 am by Annsley Merelle Ward
  On this third point, Mr Justice Birss (as he then was) provided an explanation as to the German injunction gap and the interaction with UK patent proceedings at [14]-[19] of his decision, summarizing previous decisions (HTC v Apple, ZTE, v Ericsson, Garmin v Phillips) where Mr Justice Arnold (as he then was) consistently expressed the view that the presence of a possible German injunction gap "was a factor to take into account". [read post]
11 Sep 2021, 3:15 pm by Jonathan H. Adler
[Why legal challenges to the new rule are more likely to focus on the details than on broad challenges to OSHA's authority. ] President Biden's announcement that the Occupational Safety and Health Administration (OSHA) will require large employers to mandate the vaccination or testing of their employees has already prompted a raft of commentary and controversy. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
Wisdom Import Sales Co., L.L.C. v Labatt Brewing Co., Ltd., 339 F3d 101 [2d Cir 2003] [“bargained-for minority right to participate in corporate management has value in and of itself and a denial of that right, without more, can give rise to irreparable harm”]; Louis Foodservice Corp. v Vouyiouklis, 2002 NY Slip Op 50448 [U] [Sup Ct, Kings County 2002] [“It is well-settled that plaintiffs’ alleged harm, an opportunity for defendants to shift the balance of… [read post]