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One of the most contentious cases of the Supreme Court’s term has been Masterpiece Cakeshop, Ltd. v. [read post]
14 Jun 2018, 6:11 pm by Lou M
As an employer in an EPPA case, you have to put on evidence at the summary judgment stage that convinces the court that what you are saying is not just likely true, but actually true. [read post]
14 Jun 2018, 10:35 am
" Two of them simply "reverse" the decision below (and one only in part), while only Justice Hearn declares the whole kit and caboodle to belong to her own denomination.The first two Justices would thus have overruled the leading South Carolina neutral principles case, All Saints Parish Waccamaw v. [read post]
14 Jun 2018, 7:12 am by CMS
Longmore LJ distinguished both cases, but in particular Hedley Byrne v Heller, on the basis that: the customer in Hedley Byrne v Heller was unnamed, but in the present case was expressly identified as Burlington; the reference in Hedley Byrne v Heller was described as being for an advertising contract, whereas in the present case the true purpose was concealed; and there was no reason for the Bank to believe the reference would be relied upon by a third party. [read post]
13 Jun 2018, 10:24 am
" Two of them simply "reverse" the decision below (and one only in part), while only Justice Hearn declares the whole kit and caboodle to belong to her own denomination.The first two Justices would thus have overruled the leading South Carolina neutral principles case, All Saints Parish Waccamaw v. [read post]
12 Jun 2018, 9:01 pm by Michael C. Dorf
” Justice Gorsuch’s solo dissent from Monday’s ruling in Sveen v. [read post]
12 Jun 2018, 12:23 pm by Sandy Levinson
Taney didn't do it, but, if one can accept Story's similarly-motivated opinion in Prigg v. [read post]
12 Jun 2018, 9:57 am by Jani Ihalainen
With that in mind, the decision has finally been released by the CJEU earlier this week.Even though the facts of Christian Louboutin v Van Haren Schoenen BV have been discussed extensively on this blog, they are worth revisiting. [read post]