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19 Jun 2008, 6:37 pm
If you’re in a state (like California) that has such a law, it is now subject to challenge on federal preemption grounds. [read post]
2 Jan 2014, 7:49 pm
Fulton County School District 13-307 Issue: Whether, when a plaintiff in federal court seeks to invoke nonmutual offensive collateral estoppel against a state or local government based on a prior state adjudication, the availability of collateral estoppel is governed by state or federal law; (2) whether, if federal law controls, United States v. [read post]
14 Jul 2011, 5:44 pm
Nicole Stelle Garnett (Notre Dame Law School) has posted A Winn for Educational Pluralism (Yale Law Journal Online, May 2011) on SSRN. [read post]
2 Dec 2019, 4:41 am
“The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law” (Upjohn Co. v United States, 449 US 383, 389; see Spectrum Sys. [read post]
26 Feb 2018, 6:51 am
The post Competitive Keyword Ads Go to Court: Edible Arrangements v. [read post]
10 Jan 2022, 7:25 am
Today's advance release opinions: State v. [read post]
13 Jan 2022, 8:53 am
Today's advance release opinions: State v. [read post]
19 May 2025, 8:52 am
Sullivan State v. [read post]
2 Aug 2024, 8:46 am
Today's advance release opinions: State v. [read post]
21 Feb 2025, 9:02 am
Today's advance release opinions: State v. [read post]
14 Jun 2018, 9:30 pm
Goldberg, Harvard Law School, has posted Benjamin Cardozo and the Death of the Common Law, which appears in the Touro Law Review 34 (2018): 147-158:Although a member of the Supreme Court at the time, Benjamin Cardozo did not participate in Erie Railroad Co. v. [read post]
16 Apr 2021, 12:43 pm
On April 14, 2021, the United States District Court for the Western District of Kentucky issued an opinion in the case of Tiwari, et al. v. [read post]
21 Dec 2009, 4:23 am
The defendant was essentially pointing to prior case law -- e.g., Narducci v. [read post]
5 Jul 2016, 10:40 am
And if it is so held that the law requires the Secretary of State to make a determination about the fairness of the Egyptian proceedings, that will undoubtedly make for some uncomfortable discussions at the Home Office. [read post]
3 Oct 2015, 4:04 pm
” The statements complained about were stated at para 42 in the reasons : (i) “There are over 100 former patients of Dr. [read post]
25 Jun 2012, 7:38 am
The over all issue, recall, is whether the state law is preempted by the federal statutory immigration law... [read post]
13 Aug 2008, 10:01 am
Whenever we think of preemption — the notion that federal laws or rulemaking can trump state tort law — we think of our old friend Peter Lattman, who really really seemed to like the topic. [read post]
21 Aug 2020, 4:10 am
In Vlaming v. [read post]
13 Sep 2018, 4:19 am
When a contract itself explicitly calls for Texas law, that is likely to be the outcome, as it was in North American Tubular Services LLC v. [read post]
4 Dec 2018, 9:00 am
Finally, the state law tort claims fail for a similar failure to allege facts supporting proximate cause. [read post]