The Law Blog of Plaintiff's Attorney Max Kennerly
Christianity, Islam, Hinduism, and Buddhism all agree: it’s easy to miss the details when you’re focusing on something important.
That’s why they all have their own form of prayer beads so the faithful don’t lose count of their mantras.
Science and medicine agree: you can save lives with checklists. You can even land airplanes on water.
Last week, Prof. Edward A. Hartnett (of Seton Hall University School of Law) posted Responding to Twombly and Iqbal: Where Do We Go from Here?
Hartnett’s idea was eminently reasonable:
I also offer my own proposal, which focuses on the core issue at stake in debates about Twombly and Iqbal: should a plaintiff be able to
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Back in December, the Supreme Court held oral argument on Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection. Though the case raises several issues, the primary question is:
The Florida Supreme Court invoked “nonexistent rules of state substantive law” to reverse 100 years of uniform holdings that littoral rights are constitutionally
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As The Legal Intelligencer is reporting, yesterday the Pennsylvania Commonwealth Court affirmed an order by the Orphans’ Division of the Philadelphia Court of Common Pleas prohibiting the City from leasing part of Burholme Park to Fox Chase Cancer Center for use in a substantial expansion of Fox Chase.
Under the agreement, 19.4 acres of…
At Legal Ethics Blog, Professor Andrew Perlman posts a hypothetical:
I was recently a panelist at the Association of Corporate Counsel’s annual conference, and someone in the audience posed an interesting hypothetical.
Imagine that in-house counsel is conducting an internal investigation and speaks with an employee whose conduct may have been unlawful.
Let me…
Prof. Robert Reinstein, my mentor at Temple University Beasley School of Law, has just posted on SSRN a draft of The Limits of Executive Power:
Justice Jackson’s concurring opinion in The Steel Seizure Case has taken on iconic status among legal scholars and had been adopted by the Supreme Court as the governing
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I admire Judge Posner, one of the flag bearers for the law and economics movement. He is thoughtful, prolific, and has not succumbed to the extraordinary pressure judges feel to guard their actual thoughts and feelings. He is in every sense of the word an open book, and we should be grateful for that.
It…
Business Week points us to the major cases.
As Litigation & Trial is a legal, rather than a business, blog, I’m going to take their list of cases but replace their description of each with the actual legal issue at stake, along with links to SCOTUSWiki, which hosts all of the relevant briefs for…
Pay heed your elders, but shepardize your cases.
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Continue Reading Time-Tested Advice For Young Lawyers About Contracts Which They Should Ignore
The American Constitution Society’s blog reports:
The Supreme Court ruled today that Arizona public school officials violated the constitutional rights of a teenage girl when they searched her for prescription-strength ibuprofen.
"The issue here is whether a 13-year-old student’s Fourth Amendment right was violated when she was subjected to a search of her bra
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