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4 Oct 2019, 4:38 pm by Unknown
In constitutional domains implicating a large volume of federal statutes, this model predicts that the Supreme Court will be strongly constrained to choose between some combination of strong deference to the political process and hard-edged categorical rules. [read post]
1 Oct 2019, 2:30 pm by Deborah Hensler
Many judges also find settlement class actions attractive as a mechanism for resolving complex litigation. [read post]
2 Sep 2019, 12:59 pm by Kevin LaCroix
Durkin, exercising his “inherent authority” and acting at the urging of an objecting shareholder, has “abrogated” the settlement of the litigation arising out of the acquisition of Akorn , Inc. by Frensenius Kabi AG, and ordered the plaintiffs’ lawyers to return to Akorn their $322,000  mootness fee, ruling that the additional disclosures to which the company agreed were “worthless to shareholders” and that the underlying lawsuits should have… [read post]
20 Aug 2019, 1:33 pm by Seyfarth Shaw LLP
The issue of whether a certified class may contain uninjured class members was left open in the Supreme Court’s decision in Tyson Foods Inc. v. [read post]
1 Aug 2019, 8:21 am by vforberger
See, e.g., EOG Environmental Inc., UI Hearing No. [read post]
7 Jul 2019, 9:40 pm by Kristin E. Hickman
Circuit surprised many lawyers by declaring in American Trucking Associations, Inc. v. [read post]
24 Jun 2019, 1:41 pm by Vishnu Kannan
Devoted to “Hard National Security Choices,” the site features top-quality writing and analysis from experts on developing stories in the national security arena, relevant legislation, and judicial opinions. [read post]
21 Jun 2019, 2:50 pm by Howard Knopf
Moreover, when the Board is indecisive even about deciding such a basic issues as whether a person engaged in case management should be on the presiding panel (which should be avoided at all costs, as is the case in the Federal Court as every experienced Federal Court lawyer knows well), it’s hard to imagine how the Board would be thinking about bringing in the concept of amicus curiae or “assessors” – which would be admittedly unusual but arguably within the realm… [read post]
12 Apr 2019, 2:35 pm by opseo
  Just say no to this new scheme which will leave the tax preparers and banks with more of your hard earned money. [read post]
2 Apr 2019, 2:38 am by Kevin LaCroix
Section 11 claims, will cost more to defend and settle: In 2018, the United States decided Cyan, Inc. v. [read post]
20 Feb 2019, 2:44 pm by admin
INTRODUCTION On September 28, 2004, the United States Supreme Court granted a property owner’s application for leave from a Connecticut Supreme Court decision upholding the constitutionality of the community’s taking of property with the specified purpose of creating jobs by selling the property to a private industrial user.1 As the petitioner land owners in Kelo express in their brief requesting leave, the critical question for the Court to determine is whether a taking for purely… [read post]
19 Feb 2019, 5:56 pm by Dennis Crouch
by Dennis Crouch [Oral Arguments Transcript] Today, the Supreme Court heard oral arguments in the business method review case of Return Mail Inc. v. [read post]
19 Feb 2019, 2:21 pm by Patricia Hughes
How hard can it be to find that someone who takes surreptitious videos of the breasts of young women who have not given consent is guilty of voyeurism? [read post]
18 Feb 2019, 7:43 am by Larry
This is the point the Court of Appeals for the Federal Circuit is making in Home Depot USA, Inc. v. [read post]