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10 Jan 2024, 8:05 pm
Consider Starbucks Corp. v. [read post]
22 Dec 2023, 12:30 pm
The contract requires they seek arbitration with the American Arbitration Association. [read post]
30 Nov 2023, 9:01 pm
In a case just last term, Health and Hospital Corp. of Marion County v. [read post]
27 Nov 2023, 9:00 am
Schechter Poultry Corp. v. [read post]
27 Aug 2023, 3:56 pm
The threshold for the second prong in Mesa—often referred to as the causal nexus test—is generally often viewed as “quite low,” requiring only a causal “connection” or “association” between the act in question and the federal office.[9] But tied into this supposed low threshold, at least in the criminal context, is an expectation that the defendant “by direct averment exclude the possibility that…[the prosecution] was based on… [read post]
1 Aug 2023, 9:34 am
Corp. v. [read post]
25 Jun 2023, 10:50 pm
On June 22, 2023, the Appeals Board issued an en banc decision in Nunes v. [read post]
25 Jun 2023, 10:54 am
[Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.] [read post]
15 May 2023, 10:58 am
Aug. 29, 2012) Ascend Health Corp. v. [read post]
27 Mar 2023, 9:01 pm
Although the number of securities lawsuits filed this year remained steady compared to 2021, we have seen many notable developments in securities law. [read post]
17 Feb 2023, 1:29 pm
One of the most remarkable, and objectionable, aspects of the third edition was its failure to engage with Federal Rule of Evidence of 703, and the need for courts to assess the validity of individual studies relied upon. [read post]
31 Jan 2023, 9:31 am
Associates First Capital Corp. [read post]
30 Oct 2022, 2:21 pm
Cir. 2022); ABC Corp. [read post]
21 Oct 2022, 9:40 am
While other courts did not find the CFPB’s funding mechanism combined with its broad authority over consumer financial services constitutionally objectionable (e.g., PHH Corp. v. [read post]
10 Oct 2022, 5:09 pm
Microsoft Corp. v. [read post]
12 Jul 2022, 8:55 am
Patent eligibility under 35 U.S.C. 101 has been in a state of turmoil for a number of years since a series of Supreme Court decisions, culminating in Alice Corp. [read post]
7 Jul 2022, 7:14 am
This conclusion contradicts numerous other cases, including the Fifth Circuit’s own decision in HTC Corp. v. [read post]
29 Jun 2022, 10:44 am
Dukes, 564 U.S. 338 (2011)), damages evidence that is inconsistent with the plaintiff’s theory of liability (citing Comcast Corp. v. [read post]
1 Jun 2022, 5:00 am
Circuit dissented from the denial of en banc review, in part on First Amendment grounds. [read post]
29 Apr 2022, 5:01 am
A railroad company would have no right to refuse to carry persons because its officers were aware of the fact that they were going to visit the house of [the bookmaker], and thus make it possible for him and his associates to conduct a gambling house. [read post]
