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23 Sep 2018, 4:03 pm
Although some causal claims may be supported by strong evidence of a biological process with mechanistic evidence, such claims are not common in United States tort litigation. [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
21 Mar 2012, 3:00 am
Circuit in the Seven Sky v. [read post]
31 Dec 2014, 7:09 am
” The Kims’ problem is that they don’t have a great deal of evidence to back up their allegations – a classic Catch-22, of course, because, as the court put it, it is “the defendant State itself [that] prevents any evidence from leaving its borders. [read post]
9 Jul 2024, 9:01 pm
In Trump v. [read post]
3 Mar 2021, 6:16 am
And finally, where is the effect going to take place; a single apartment complex or a neighborhood or city or state or even the entire United States. [read post]
31 Jul 2014, 7:54 am
Consider in that regard the Supreme Court’s Rule 19, which not only provides wholly different procedures for cases in which a question has been certified by a Court of Appeals, but also stresses that “When a question is certified by a United States court of appeals, this Court, on its own motion or that of a party, may consider and decide the entire matter in controversy. [read post]
25 Oct 2022, 6:30 am
New York: [The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States…. [read post]
16 Apr 2022, 9:05 pm
The classic example is Blankenship (1993). [read post]
15 Sep 2014, 9:01 pm
The PDA was necessitated by a Supreme Court decision two years earlier, General Electric v. [read post]
16 Apr 2012, 2:47 pm
In United States v. [read post]
18 Jan 2023, 6:30 am
In contrast to the United States, a wide range of political parties offer up their presidential nominees in a single primary in which all voters cast their ballots. [read post]
13 Apr 2020, 4:19 pm
State Street Corporation, U.S. [read post]
4 Nov 2013, 9:46 am
Then, state and federal courts were reluctant to apply tort law even where automobile-accident victims claimed their injuries resulted from the failure of manufacturers to exercise reasonable care in the design of their motor vehicles. [read post]
31 Jul 2020, 8:03 am
In this plantworker case, I represented Carey-Canada in what turned out to be one of its last cases in the United States, before filing for bankruptcy. [read post]
12 Oct 2022, 9:04 am
Elrod v. [read post]
17 Feb 2019, 6:24 pm
" You learn something new every day.Robert Brauneis and Anke Moerland's recent article argues that it would not be good policy to allow the company that distributes siggi's ® yogurt to trademark the name SKYR for yogurt in the United States, even though most people in the United States do not currently know what the word "skyr" means. [read post]
13 Feb 2018, 4:22 pm
The story begins in the United States where for many decades (as is still true today) both the frequency and severity of class action lawsuits is greater than anywhere else on the world. [read post]
3 Feb 2016, 7:31 am
Michael Landon (“Little Joe Cartwright”) being served with a subpoena (1968) Another useful Townsend post addresses a common issue — the Government’s attempt to muzzle the recipients of subpoenas: In United States v. [read post]
4 Aug 2014, 7:34 am
The safety of the United States suffers as a result. [read post]
