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16 Dec 2011, 11:52 am by WOLFGANG DEMINO
In addition to remanding to permit the firefighters to replead in light of chapter 271, our remand will also permit the firefighters to replead in light of Heinrich and seek appropriate relief, if any, against the relevant city officials. [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
31 Mar 2024, 9:01 pm by renholding
In recent months, the U.S. banking regulators have proposed policy statements focused on providing greater insight on the agencies’ review of bank mergers and acquisitions under the Bank Merger Act (BMA).[1] On January 29, 2024, the Office of the Comptroller of the Currency (OCC) published a notice of proposed rulemaking (OCC NPRM) to (1) amend its procedures to eliminate expedited processing and the use of streamlined application forms for bank mergers and (2) adopt a policy statement that… [read post]
7 Feb 2008, 10:46 am
Ok, we've worried about what might happen if our side (the defense, for any new readers) were to lose the preemption wars currently in progress before the Supreme Court. [read post]
7 Sep 2012, 11:01 am by admin
In September 1992, Allstate Corp., the second-largest U.S. home insurer, sought advice on improved efficiency from McKinsey & Co., a New York-based consulting firm that has advised many of the world’s biggest corporations, according to records in at least six civil court cases. [read post]
25 Oct 2022, 10:46 am by Bernard Bell
This post assesses the Solicitor General’s argument, in New York v. [read post]
30 Jul 2021, 10:20 am by admin
Riding in on a ray of light, the Pennsylvania Superior Court reversed the trial court’s asbestos exceptionalism, and held that upon remand, the court must: “[a]pply a non-per capita allocation to negligent joint tortfeasors and strict liability joint tortfeasors; and permit evidence of settlements reached between plaintiffs and bankrupt entities to be included in the calculation of allocation of liability. [read post]
25 Aug 2023, 11:31 am by Eugene Volokh
While it is a close case, the Court concludes that under the pleading standards set forth in Bell Atlantic Corp. v. [read post]
29 Mar 2010, 6:13 pm by Adam Thierer
  Moreover, such a tax is unnecessary in light of the many other sources of “public interest” programming available today. [read post]
9 Nov 2017, 6:31 am by Wolfgang Demino
" Id.At issue here is whether, in light of Moayedi, Godoy waived the shortened two-year statute of limitations for deficiency actions contained within section 51.003(a).The guaranty agreement at issue here provided in relevant part:GUARANTOR'S WAIVERS. . . .. . . [read post]
9 Nov 2017, 6:31 am by Wolfgang Demino
" Id.At issue here is whether, in light of Moayedi, Godoy waived the shortened two-year statute of limitations for deficiency actions contained within section 51.003(a).The guaranty agreement at issue here provided in relevant part:GUARANTOR'S WAIVERS. . . .. . . [read post]
12 Sep 2008, 9:23 pm
Corp.; complaint alleged violation of Section 8(b)(3). [read post]
21 Aug 2023, 2:32 am by centerforartlaw
Considering these factors, along with the precedent set in Hermès International v. [read post]
3 Jun 2022, 10:03 am by Robert B. Milligan
Plaintiff eventually moved for summary judgment on its federal and state trade secret misappropriation claims, arguing that the defendant improperly took plaintiff’s confidential information, including bidding sheets, internal costs, manuals, and other techniques developed internally and exclusively for plaintiff’s own use. [read post]
9 Apr 2022, 3:01 am by Karl Mihm
Originally published on Feb. 28, 2021; updated on Apr. 9, 2022. [read post]
14 Feb 2009, 11:56 am
This post is by my colleagues Gail Lees, Andrew Tulumello, Chip Nierlich, Mark Whitburn and Chris Chorba. [read post]