The De-Value of Everything
This is a law site, but many of us see baseball as a metaphor for much of life, so on his historic occasion (or at least the day after), I hope you will indulge my brief reverie.When contemplating the...
View ArticleOn Rehearing En Banc, Sixth Circuit Affirms Panel Decision and Dismisses...
A rare event. An uncommon or unusual occurrence. Isolated. Extraordinary. Virtually unheard of. Once in a blue moon.All of these terms accurately describe the Sixth Circuit's en bancdecision filed...
View ArticleEmerging Standards for Production of Electronically Stored Information
Although not strictly a matter of appellate law, there has been substantial controversy over the manner in which electronically-stored information (ESI) must be produced in discovery. Requesting...
View ArticleSLUSA Provision Authorizing Federal Courts to Stay State Court Discovery to...
The Private Securities Litigation Reform Act of 1995 (PSLRA), at 15 U.S.C. 78u-4(b)(3)(B), provides for a mandatory stay of "all discovery and other proceedings" in private securities actions:In any...
View ArticleScheme Liability Survives Stoneridge - Barely
In its long-awaited decision announced on Tuesday in Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc., 552 U.S. __ (2008) (the Court's slip opinion is here), the Supreme Court ruled that...
View ArticleThe 2008 Elections - A Personal View
I was born during the first year of the Eisenhower administration. In the 55 years since, our country has been led for 35 years by Republican presidents (64% of that period) and for 20 years by...
View ArticleSixth Circuit Significantly Shortens Limitations Period for ERISA Claims
Congress did not provide an express statute of limitations for a participant's action “to recover benefits due to him under the terms of his plan" under ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B)....
View ArticleOral Argument in Grable & Sons Metal Products vs. Darue Engineering (No....
Here, courtesy of The Oyez Project, is the link to the audio recording and synchronized transcript of the oral argument held on April 18, 2005, in Grable & Sons Metal Products vs. Darue...
View ArticleStill Under Attack: Key Provision of Health Care Reform
The Commonwealth of Virginia's constitutional challenge to the so-called "individual mandate," a key provision of the health care reform bill enacted by Congress earlier this year, has survived a...
View Article"Doubts on New Health Law"
Lyle Denniston has an excellent post on Monday afternoon in Scotusblog summarizing Judge Henry Hudson's ruling that denied the Justice Department's motion to dismiss Virginia's constitutional...
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