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4 Oct 2019, 4:38 pm
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
Many judges also find settlement class actions attractive as a mechanism for resolving complex litigation. [read post]
4 Sep 2019, 11:30 am
Sundowner Offshore Servs., Inc. [read post]
2 Sep 2019, 12:59 pm
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
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
See, e.g., EOG Environmental Inc., UI Hearing No. [read post]
8 Jul 2019, 7:32 am
This possibility is called “Hard Brexit. [read post]
7 Jul 2019, 9:40 pm
Circuit surprised many lawyers by declaring in American Trucking Associations, Inc. v. [read post]
2 Jul 2019, 2:31 pm
Maschke at Sensei Enterprises, Inc. [read post]
24 Jun 2019, 1:41 pm
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
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]
17 May 2019, 4:53 pm
Assn. of United States, Inc. v. [read post]
17 May 2019, 4:53 pm
Assn. of United States, Inc. v. [read post]
29 Apr 2019, 6:18 am
Bailey, The Bailey Law Firm, Medina, for Appellants Bruce Iacovelli and Windward Enterprises Inc. [read post]
12 Apr 2019, 2:35 pm
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
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
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 [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
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
This is the point the Court of Appeals for the Federal Circuit is making in Home Depot USA, Inc. v. [read post]