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16 Mar 2023, 4:30 am by Lawrence Solum
Merrell Dow Pharmaceuticals, Inc., (1993), on the standards for expert testimony, with 24 departing states, United States v. [read post]
” Though such litigation typically arises under state law, plaintiffs often have the option to frame their claims as violations of the federal securities laws or bring them in federal court by invoking diversity jurisdiction. [read post]
19 Mar 2012, 2:20 am by Lawrence Solum
Here is the abstract: In his 1929 encyclical, Divini Illius Magistri (On Christian Education), Pope Pius XI paid an extraordinary tribute to the United States, the Supreme Court, and more specifically, the Court’s interpretation of the Fourteenth Amendment in Pierce v. [read post]
20 Nov 2015, 2:36 pm by Amy Pierce
Court of Appeals for the Sixth Circuit unambiguously held that the Clean Air Act (CAA) does not preempt state common law claims brought against regulated sources of air emissions in the same state.1 As we noted in a previous client alert and subsequent Environmental Law Reporter article,2 a facility that is otherwise in compliance with CAA emission requirements can still face lawsuits by neighboring landowners for traditional torts such as nuisance and trespass. [read post]
1 May 2024, 12:00 am by Lawrence Solum
Thom Brooks (Durham University - Law School; Yale Law School) has posted The Relevance of State Misconduct for Mitigating Individual Punishment (In Julian V. [read post]