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Practice point: Ordinarily, a process server's affidavit of service establishes a prima facie case as to the method of service and, therefore, gives rise to a presumption of proper service.Student note: However, where there is a sworn denial that a defendant was served with process, the affidavit of service is rebutted, and the plaintiff must establish jurisdiction at a hearing by a preponderance of the evidence.Case: Goralski v. [read post]
30 Oct 2012, 4:12 am by Lawrence Solum
” The Court’s recent decision on the constitutionality of the Affordable Care Act individual health insurance mandate in NFIB v. [read post]
11 Jun 2013, 11:56 am by admin
The “necessary and proper” clause of the Constitution explains a lot. [read post]
20 Oct 2019, 5:51 am by Mark S. Humphreys
  This requirement was the subject of a recent Southern District of Texas, Corpus Christi opinion styled, Libardo Taboada, et al v. [read post]
26 Nov 2012, 8:57 am by Lawrence Solum
Here is the abstract: Chief Justice John Roberts argued, in NFIB v. [read post]