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29 Jun 2007, 7:05 am
Mark Herrmann at Drug and Device Law complains that the legal fees were $4.9M on a claim that was only worth $4,000 (also Ted Frank at Point of Law) So with that kind of risk, why didn't Merck try to settle that particular claim? [read post]
29 Jun 2007, 6:32 am
  Both had track records and writings that marked them as clearly and on first principles hostile to attacks on federal power and on the rights legacy of the Warren Court. [read post]
29 Jun 2007, 6:05 am
" They followed a often cited statement by Judge John Parker in the Fourth Circuit (see Mark Tushnet's post below). [read post]
28 Jun 2007, 6:46 pm
Robert Dale Henderson, 48, executed April 21, 1993, for the 1982 shootings of three hitchhikers in Hernando County. [read post]
28 Jun 2007, 3:14 pm
Justice Roberts may simply be making good on his confirmation hearing promises to issue narrow decisions.Certainly, Justice Kennedy thought that the C.J.'s opinion "does not acknowledge that the school districts have identified a compelling interest here. [read post]
28 Jun 2007, 1:42 pm
Chief Justice Roberts, operating on a long timeline at 52, may be responding to a different imperative. [read post]
28 Jun 2007, 12:00 pm
My initial comments relate to Chief Justice Roberts's and Justice Kennedy's opinion because (1) together they constitute the holding of the Court and (2) well, frankly, that is all I have been able to read so far. [read post]
28 Jun 2007, 11:06 am
One of Mark Stein's terrific missives from the Conrad Black closing arguments in Chicago this week was this: One lady juror appears to be reading. [read post]
28 Jun 2007, 9:09 am
  In 2002, Leegin discovered that Kay's Kloset had been marking down the entire Brighton line by 20%. [read post]
27 Jun 2007, 10:11 pm
Roberts (with Alito) and Scalia (with Thomas) are not at cross purposes. [read post]
27 Jun 2007, 6:20 pm
Mark Sherman of the Associated Press reports here on the High Court's move to the right, exhibited by the 5-4 decisions. [read post]
26 Jun 2007, 2:01 pm
Tune in to C-Span to see John Roberts review the major decisions of October Term, 2006, as it’s formally known. [read post]
25 Jun 2007, 5:50 pm
The plurality opinion was written by Justice Alito, and joined by two other Justices, Chief Justice Roberts and Justice Kennedy. [read post]