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9 Oct 2008, 4:28 am
If single issues could be certified as class actions without regard to the rest of the litigation, the concept of predominance would lose its meaning, because the plaintiffs could always ask the court to slice the salami thinner until the only the "common issue" was left.And that's pretty much what the latest ALI draft still does - only it uses a different metaphor.The reporters have worked hard putting this together, and they've listened to our criticism (for the most… [read post]
20 Jun 2023, 6:07 am
Acuff-Rose Music, Inc., 510 U.S. 569 (1994). [read post]
16 Jan 2024, 11:33 am
DeJoy and Students for Fair Admissions, Inc. v. [read post]
9 Jan 2020, 2:00 am
While feasible in concept, such procedures will likely prove highly burdensome. [read post]
15 Nov 2010, 12:57 am
I am pleased to reproduce below the latest guest post submission. [read post]
20 Feb 2019, 2:13 pm
DO JUDICIAL CHALLENGES TO TAKINGS STILL EXIST? [read post]
28 Oct 2015, 11:52 am
” Hustler Magazine, Inc. v. [read post]
1 Jul 2019, 11:27 am
The concept is generally palatable, except when no generics are available and you’re stuck with a $50+ per month co-pay. [read post]
14 Apr 2010, 2:13 pm
”[13] McChesney and Nichols seem to be building on the approach popularized by Richard Thaler and Cass Sunstein in their highly influential 2008 book Nudge: Improving Decisions about Health, Wealth, and Happiness.[14] Based on behavioral economics studies, Thaler and Sunstein argue that both government and private actors must inevitably make decisions about “choice architecture” and that, by setting defaults, incentives and rules smartly, “choice architects” can and… [read post]
16 Apr 2015, 6:00 am
A report by Gartner Inc., an international IT research and advisory company, showed 70% of Global 2000 organizations would have at least one application that was gamified and predicted that by 2015 25% of workplace processes that have been redesigned with have some form of gamification designed into them. [read post]
18 Oct 2010, 9:35 am
Environmental Protection Agency last month ordered Jay Peak Resort, Inc. in Jay, Vt. [read post]
18 Oct 2010, 9:35 am
Environmental Protection Agency last month ordered Jay Peak Resort, Inc. in Jay, Vt. [read post]
18 Oct 2010, 9:35 am
Environmental Protection Agency last month ordered Jay Peak Resort, Inc. in Jay, Vt. [read post]
2 May 2016, 8:54 pm
Applicable Legal Standards Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role of “standard technical measures”; and other pertinent issues. [read post]
16 Jul 2013, 8:55 am
Welcome to Abbott & Kindermann’s 2013 CEQA update. [read post]
3 Apr 2024, 9:03 pm
Let me start by reminding you that my views are my own as a Commissioner and not necessarily those of the Securities and Exchange Commission (“SEC”) or my fellow Commissioners. [read post]
8 Sep 2015, 5:08 pm
The dust-up in Delaware over fee-shifting bylaws got started in May 2014, when the Delaware Supreme Court in the ATP Tours, Inc. v. [read post]
23 Mar 2012, 12:42 pm
ADMINISTRATIVE LAW.Blumenauer, Rep. [read post]
6 Oct 2011, 6:02 pm
October 28th of this month will mark the one year anniversary of the publication of the Anti-SLAPP Panel’s Report to the Attorney General on anti-SLAPP legislation. [read post]
