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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]
18 May 2010, 10:54 am by Kent Scheidegger
Below the radar in yesterday's news coverage was a proper discussion of international case law in a Supreme Court opinion by Justice Kennedy.No, not Graham v. [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]
25 Jul 2019, 9:59 pm by Patent Docs
The problem is illustrated by the comments provided by two members of the Court, Judges Lourie and O'Malley, in their concurrence and dissent, respectively, with the Court's per curiam denial of en banc review in Athena Diagnostics Inc. v. [read post]