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31 Jul 2014, 7:54 am
Although a few specialized statutes (like the FECA provision at issue in California Medical) provide for certification, the three most common examples of certifications by federal courts are: (1) certifications of questions of state law to state courts of last resort (which is irrelevant for present purposes, since Article III doesn’t bind state courts); (2) certifications of otherwise unappealable interlocutory questions under 28 U.S.C. [read post]
31 Jul 2014, 7:45 am
Unclear why NYT v. [read post]
30 Jul 2014, 10:58 am
McDow, James Fletcher Thompson and T. [read post]
30 Jul 2014, 10:58 am
McDow, James Fletcher Thompson and T. [read post]
30 Jul 2014, 12:01 am
Berkos, 543 F.3d 392, 398 n. 6 (7th Cir. 2008); United States v. [read post]
29 Jul 2014, 5:02 pm
The court stated that under the “but for” formulation, “[t]he party invoking the privilege must show ‘the communication would not have been made “but for” the fact that legal advice was sought. [read post]
29 Jul 2014, 5:01 pm
On June 29, 2008, [he] answered his own inquiry and stated it was not a rumor, explaining that `[f]ormer resident Matt Stanley # 324 was injured pretty bad. [read post]
29 Jul 2014, 4:21 pm
To quote Joe Biden during the signing of the healthcare bill, “This is a big f—ing deal. [read post]
29 Jul 2014, 3:30 pm
Openheimer, 637 F.3d 318 (1981) is “the seminal case on damages in a suitability case[.] [read post]
29 Jul 2014, 12:24 pm
United States, 116 F. 350, 352 (6th Cir. 1902), a common-law root of the federal fraud statutes, see Neder v. [read post]
28 Jul 2014, 8:42 pm
Ltd. v. [read post]
28 Jul 2014, 5:07 pm
” United States v. [read post]
28 Jul 2014, 5:38 am
, 525 F.3d 1299 (U.S. [read post]
27 Jul 2014, 10:33 pm
Ginsburg United States V. [read post]
27 Jul 2014, 7:22 pm
The F. [read post]
27 Jul 2014, 9:03 am
Over 20 years ago, in 1993, the United States Supreme Court handed down its Daubert decision. [read post]
25 Jul 2014, 8:40 pm
STC.UNM v. [read post]
25 Jul 2014, 2:52 pm
Toscanino, 500 F.2d 267, 279 (2d Cir. 1974). [read post]
24 Jul 2014, 2:08 pm
WhenU.Com, Inc., 414 F.3d 400 (2d Cir.2005). [read post]
24 Jul 2014, 8:51 am
Hagan, 266 F. [read post]