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27 Apr 2014, 1:12 pm by Schachtman
., 644 F.3d 604 (8th Cir. 2011), the United States Court of Appeals for the Eighth Circuit rejected the defendant’s argument that a “full and conclusive” Rule 702 gatekeeping procedure was required before a trial court could certify a class action under the Federal Rules. [read post]
3 May 2019, 6:51 am by Joy Waltemath
The district court recognized that “no binding decision ha[d] addressed the standard applicable to determining whether a franchisor is an employer of a franchisee,” and “in the absence of controlling authority” it applied the standard from Martinez v Combs, with the gloss of Patterson v Domino’s Pizza, LLC . [read post]
2 Feb 2023, 6:30 am by John Mikhail
The Constitution of the United States has been called the world’s most important legal document. [read post]
11 Oct 2022, 9:01 pm by Michael C. Dorf
Yesterday the Supreme Court heard oral argument in National Pork Producers Council (NPPC) v. [read post]
14 Mar 2018, 2:37 pm by Allison Murphy, Scott R. Anderson
States Where the United States Has Used or Is Using Force The report begins with a narrative description of the countries in which the United States has used or is currently using force. [read post]
13 Oct 2014, 4:27 am by Jonathan Hafetz
International norms not only provide a gloss on specific provisions of the Constitution’s text (e.g., the Define and Punish Clause, the Declare War Clause), but also, more broadly, suggest a desire to integrate the United States into the community of civilized states through compliance with international law. [read post]
21 May 2014, 4:46 am
In 2009, Scott filed a voluntary petition for bankruptcy and in January of 2010 he met with the “Trustee for the United States, the Trustee's counsel, and the Trustee's accounting firm, Verdolino & Lowey (V & L). [read post]
21 Mar 2014, 1:53 pm
Court of Appeals for the Ninth Circuit eviscerated one of the few rights of that Slaughter-House affirmed as among the “privileges or immunities of citizens of the United States”: the right “to use the navigable waters of the United States. [read post]
12 Mar 2020, 9:32 pm by Benjamin Beaton
United States, 398 U.S. 333, 354 (1970) (Harlan, J., concurring in the judgment). [read post]
19 Mar 2013, 7:42 am
On Friday, the United States Court of Appeals for the Fifth Circuit issued an opinion in Stewart v. [read post]
1 Feb 2013, 9:42 am by Bexis
  The phrase is best forgotten as an incomplete, negative gloss on an accepted pleading standard.Twombly, 550 U.S. at 561-63 (emphasis added). [read post]