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6 Jun 2010, 9:46 am by Venkat
") and Eric Robinson ("Seventh Circuit Vacates Contempt for E-Mail Barrage") both blogged about the Seventh Circuit's reversal of a district judge’s contempt order in response to a defendant’s encouragement of his fans to send mass amounts of emails to the judge. [read post]
7 Apr 2011, 1:16 pm by Bexis
., 594 F.3d 238, 253 (3d Cir. 2010):[W]e have exercised restraint in accordance with the well-established principle that where two competing yet sensible interpretations of state law exist, we should opt for the interpretation that restricts liability, rather than expands it, until the Supreme Court of [that state] decides differently.Lexington National Insurance Corp. v. [read post]
11 Nov 2016, 4:07 am by Kevin LaCroix
In the following guest post, attorneys from the Paul Weiss law firm review and analyze a November 3, 2016  Second Circuit decision (here)  in which the appellate court held that the standard pre-IPO lock-up agreements between a company’s pre-IPO shareholders and the company’s lead IPO underwriters do not make those parties a “group” within Section 13(d) of the ’34 Act, and therefore that the lock-up agreement alone is insufficient to trigger Section 16(b)… [read post]
18 May 2016, 5:45 am by Kevin LaCroix
Among the decisions that the Supreme Court issued this past Monday was its unanimous ruling in Merrill Lynch, Pierce, Fenner & Smith Inc. v. [read post]
8 Jun 2016, 2:49 pm by Kevin LaCroix
On May 23, 2016, in an interesting development in one of the more high profile lawsuits to arise out of the financial crisis, the Second Circuit reversed the $1.27 billion civil penalty that Southern District of New York Judge Jed Rakoff  imposed on Countrywide and several related defendants in a case involving the company’s sale of mortgages to government sponsored entities. [read post]
20 Sep 2007, 12:02 pm
Liability concerns. . .creat[e]pressure on manufacturers to expand labeling warnings to include speculative risks and, thus, to limit physician appreciation of potentially far more significant contraindications and side effects. . . . [read post]
5 Dec 2008, 2:00 pm
Conservative columnist Walter Olson called it "a stinging rebuke to a small army of progressive American academics, journalists, foundation grantmakers, and others who've promoted the case for years. [read post]
29 Dec 2019, 9:05 pm by Series of Essays
Gundy, Nondelegation, and Never-Ending Hope July 8, 2019 | Kristin E. [read post]
14 Jun 2020, 1:44 pm
Pix credit HEREEthics has always been a term that is easy to pronounce, easier to segregate and narrow, and nearly impossible to produce easy answers. [read post]
2 Sep 2014, 12:19 pm by Benjamin Bissell
The BBC writes that Commander Mirwais of Hizb-e Islami, a militant Islamist group in Afghanistan, said recently that his group may seek to link up with ISIS. [read post]
16 Sep 2009, 1:47 pm
(Manchester, MA; Daniel Croce, President) Aela Corporation (Burlington, MA; Aela Oh, President) Aepx Animation, Inc. [read post]
12 Nov 2017, 11:00 pm by Kevin LaCroix
A recurring issue in securities cases involves the question of when plaintiffs may rely on the presumption of reliance under the fraud on the market doctrine. [read post]