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17 May 2021, 4:00 pm
" (According to Jeff Toobin, Justice Souter's draft Citizens United dissent along these lines caused the Court to re-argue the case). [read post]
4 May 2021, 7:27 pm
No. 2020-0079-SG, opinion issued (Del. [read post]
4 May 2021, 2:32 pm
Then Feigin explained that the position taken now is more "sound" that the Trump Administration's position: Let me just say that in this case, very much due consideration was given to this within the Department, and the Department determined that the prior position wasn't as sound as the position that we're advocating now, and I think we focused on --on three factors. [read post]
23 Apr 2021, 9:05 pm
Richard Reichman, a partner at BCL Solicitors LLP, said this is a surprisingly common feature in food safety cases and urged businesses to be careful when inviting a regulator back to re-visit and not to do so prematurely. [read post]
23 Mar 2021, 9:38 am
THOMPSON: Justice Kagan, we're talking about the denial of the right to exclude third parties from our property for 120 days a year – JUSTICE KAGAN: Yeah, I mean, I know what the thing says, but I don't think, like, the denial of a right to exclude counts as a discrete interest in property. [read post]
16 Mar 2021, 5:15 pm
” CBP Res., Inc. v. [read post]
3 Mar 2021, 9:04 am
Kappos, the case that seemingly re-started us down this pathway. [read post]
28 Jan 2021, 6:09 pm
This is the 16th year that Francis Pileggi has published an annual list of key corporate and commercial decisions of the Delaware Supreme Court and the Delaware Court of Chancery. [read post]
28 Jan 2021, 12:53 pm
If you’re not already familiar with it, Clubhouse is an audio chat platform that is available as an iOS app and is invite only for now. [read post]
12 Jan 2021, 4:28 pm
In December, the SG returned to the Court. [read post]
9 Dec 2020, 6:00 am
No. 2019-0757-SG (Del. [read post]
13 Nov 2020, 4:32 am
The California SG conceded as much, and that concession strikes me as fatal. [read post]
12 Nov 2020, 5:20 am
” [UPDATE Postscript: If Acting SG Wall is correct that Congress only inadvertently--and unknowingly--created a command to purchase insurance, that ought to also be sufficient to defeat the argument for nonseverability. [read post]
10 Nov 2020, 11:46 am
Indeed, I think that the Chief got a little miffed at how former SG Verrilli characterized NFIB. [read post]
5 Nov 2020, 6:10 pm
Accordingly, even taking the SG’s alleged “de facto” exemptions at face value, they wouldn’t trigger heightened scrutiny for lack of “general applicability. [read post]
29 Oct 2020, 9:01 pm
Notably, the SG’s position on severability has not been consistent. [read post]
16 Oct 2020, 4:00 pm
So, at this point, we –we take Justice Scalia's opinion in Hodari D. at its word, and –and we're not asking the Court to revisit the original meaning of a seizure under the Fourth Amendment. [read post]
8 Oct 2020, 10:52 pm
First, they alluded to the lengthy delay in resolving the SG's emergency petition. [read post]
4 Oct 2020, 6:47 pm
There remains a relative paucity of opinions addressing the nuances of the dissolution statute under DGCL Section 280, compared to the Delaware decisions addressing other sections of the DGCL, so we refer to a recent Court of Chancery decision that denies a Motion for Reargument under Rule 59(f) of a ruling that rejected a request to set aside a reserve for a fraud claim–even though the letter ruling was barely three-pages long–in the matter styled In re Swisher Hygiene, Inc.,… [read post]
2 Oct 2020, 12:17 pm
Chicago-Kent College of Law 2020 Supreme Court IP Review: Google v. [read post]
