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8 Dec 2021, 1:43 pm
While Judge Moreno sided with the plaintiffs on their argument that predominance for the RICO claim does not depend on the defendants having made a material representation or omission to every single class member, he said their misrepresentation theory still fails. [read post]
8 Dec 2021, 1:01 pm
The hypotheticals are important because, in deciding whether a crime meets a statutory definition of “crime of violence,” the court uses a method known as the “categorical approach,” which does not depend on the defendant’s specific conduct. [read post]
7 Dec 2021, 12:05 pm
The court’s composition has, of course, changed dramatically since 2012 when Kennedy garnered a 7-2 majority to rule for the defendant in Martinez – which, notably, included Chief Justice John Roberts and Justice Samuel Alito. [read post]
5 Dec 2021, 4:39 pm
The Defendants’ relied on qualified privilege (duty/interest and reply-to-attack) as a defence, and a reply of malice. [read post]
5 Dec 2021, 2:52 am
The court held that the mere mutilation of a work does not infringe the right of integrity unless the author can show injury to their honour or reputation. [read post]
1 Dec 2021, 12:38 pm
" The idea that judicial review is an atextual power that was somehow invented by John Marshall in Marbury v. [read post]
1 Dec 2021, 10:35 am
"] In Doe 1 v. [read post]
1 Dec 2021, 10:12 am
Healthsystem, decided yesterday by Judge John F. [read post]
1 Dec 2021, 7:35 am
” In order to prove her case, the defendant hired Elevator & Escalator Expert Witness John Donnelly. [read post]
30 Nov 2021, 8:45 am
That would relieve them of inventing a new rule and defending it on their own say-so. [read post]
26 Nov 2021, 12:30 pm
Sixth Circuit: Ah, but the defendant here is a federal officer. [read post]
24 Nov 2021, 7:51 am
In August 2021, a shareholder sued three SPACs in lawsuits brought by former SEC Commissioner Robert Jackson Jr. and Yale Law professor John Morley. [read post]
23 Nov 2021, 11:22 am
Note from John Rubin: I regret to report that Emily Coward is leaving the School of Government. [read post]
22 Nov 2021, 5:00 am
He would deny it but Gorsuch's opinion does not flow exclusively from the meaning of the words in the st [read post]
20 Nov 2021, 8:08 am
Plaintiffs allege that defendants' violation of TADA amounted to a denial of due process. [read post]
19 Nov 2021, 12:30 pm
It goes against the immemorial custom of the sea, it does! [read post]
19 Nov 2021, 11:54 am
By John B. [read post]
18 Nov 2021, 1:03 pm
From Doe v. [read post]
18 Nov 2021, 8:03 am
Does the incumbent president’s decision on executive privilege always trump (so to speak) that of the former president and, if so, does the court have any role in reviewing a disagreement between the incumbent and former presidents on that issue? [read post]
17 Nov 2021, 5:30 am
" Imagine that John Doe is a law professor and that some students overhear his comments.No one is under an obligation to think that what John said is consistent with John being something other than a complete asshole. [read post]
