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20 Jun 2014, 11:53 am by Marty Lederman
”  Moreover, even apart from inconsistency with federal statutes, such a dismissal could well be an unconstitutional state interference with legitimate federal functions, analogous to Maryland’s tax on the federal bank in McCulloch v. [read post]
21 Feb 2013, 7:29 pm by Elijah Yip
Court Finds That State Law Claims Against Online Forum Operator For Misappropriation, Theft, and Tortious Interference Hinge on “Publisher” or “Speaker” Status–Stevo Design, Inc. v. [read post]
9 Dec 2014, 6:45 am by Matthew L.M. Fletcher
Whether the Majority Opinion of the United States Court of Appeals for the Sixth Circuit conflicts with the decisions of this Supreme Court and other Circuit Courts of Appeals, thereby changing the well-established rules of contract construction which require specific contract provisions govern over general provisions to resolve disputes caused by two conflicting contract provisions? [read post]
19 Jun 2023, 2:19 pm by Josh Blackman
In my earlier post, I mentioned this passage reminded me of United States v. [read post]
25 Jun 2010, 1:13 pm by admin
United States (as well as the two related “honest services” cases, Weyhrauch v. [read post]
3 Dec 2015, 12:51 pm by Dean Freeman
In affirming the trial court’s decision, the state supreme court receded from the 1984 precedent set in the case of Florida Physician’s Insurance Reciprocal v. [read post]