Monthly Archives: February 2013

Is the Basic Inc. v. Levinson Presumption of Reliance in Trouble?




In today’s decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, the Supreme Court held, by a 6 to 3 margin, that securities class plaintiffs need not first demonstrate materiality in order to obtain certification of their claims. While this … Continue reading




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Clapper v. Amnesty International USA: Supreme Court Rules Standing Cannot Be Manufactured




In recent years under Chief Justice John Roberts, the Supreme Court has used standing concepts as screening mechanisms to avoid unnecessary decisions on constitutional issues. This trend continued today in its decision in Clapper v. Amnesty International USA. Clapper presented a … Continue reading




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Supreme Court: You Can Sue Your Lawyer for Patent Malpractice in State Court




Assume that you are the owner of a patent and your lawyers sue an alleged infringer on your behalf. In the course of representing you, your lawyers commit malpractice, you lose the case, and your patent is declared invalid. Since … Continue reading




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Adam Lanza, Violent Video Games, and the First Amendment




CBS news and other sources are now reporting that thousands of dollars of violent video games were found in the home of Adam Lanza, who murdered 26 people, including 20 young children, at Sandy Hook Elementary School in Newtown, Connecticut. Lanza … Continue reading




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Albert Gallatin: Treasury Secretary — and Much More




As we await the confirmation of a new Treasury Secretary, it is well to recall the remarkable and lengthy career of Albert Gallatin, who is generally considered second only to Alexander Hamilton as the greatest Secretary of the Treasury. Gallatin … Continue reading




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The Real Unemployment Picture




According to the most recent analysis by the Bureau of Labor Statistics, covering the month of January 2013, unemployment stands at 7.9 percent. That figure, however, understates the actual economic pain being suffered by individuals in the United States. The reported … Continue reading




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Are the Food Industry and the NFL the New “Big Tobacco”?




With tobacco and asbestos litigation on a steeply declining arc, leading plaintiffs’ lawyers have turned their sites to other defendants. Two recent targets have been the food industry and the National Football League. Participants in the food industry have been sued on … Continue reading




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How the Louisiana Purchase Transformed America




This year marks 210 years since the Louisiana Purchase, which added 828,000 square miles to the territory of the United States, doubling its size. All or part of twelve of the present states were carved out of the Louisiana Purchase. The Louisiana … Continue reading




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