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15 Jul 2010, 7:00 am by Howard Wasserman
I have not had much good to say about Iqbal, but here is one small thing to recommend it: It did not impose true heightened pleading (or pleading "with particularity" a la Rule 9) in civil rights actions and it trumps any attempts by lower courts to do so.Pre-Twiqbal, the Supreme Court had insisted in three cases that civil rights cases were governed by the ordinary pleading rules of Rule 8(a)(2), not 9(b). [read post]
17 Nov 2013, 7:37 am
In a case recently discussed in the New York Law Journal, C.M. v. [read post]
21 Jul 2020, 4:23 pm by Joseph Stacey
The fisherman was transferred from the 42-foot F/V RUBICON to the awaiting helicopter crew via small boat. [read post]
19 Mar 2013, 9:39 am
Owners’ Rights Initiative Applauds Supreme Court Decision in Kirtsaeng v. [read post]
9 Sep 2014, 3:41 pm
 Maybe, of course, the prosecutor was really discriminating based on race, and his failure to submit a rational explanation for his strike is good evidence of pretext. [read post]
6 Jan 2008, 6:02 am
These are the ones where you can probably get a good deal.1. [read post]
22 Feb 2021, 6:18 pm by Nigel Stacey
“The bar was not closed, but there were small craft restrictions,” said Strohmaier. [read post]
27 Jun 2018, 1:16 am by Jani Ihalainen
In contrast, Junek had only affixed a small label on the outside of the packaging, which didn't obscure the mark or any other details. [read post]
27 Jun 2018, 1:16 am by Jani Ihalainen
In contrast, Junek had only affixed a small label on the outside of the packaging, which didn't obscure the mark or any other details. [read post]
24 Apr 2010, 9:22 pm by Barry Eagar
The large circle is bounded by a number of shops and small businesses. [read post]
12 Sep 2011, 9:32 pm by Simon Gibbs
The management of a case is only as good as the judge with conduct. [read post]
23 Oct 2009, 1:03 pm
"Such small multi-million dollar Ponzi schemes were (as here) so 1990s.Thank goodness for progress. [read post]