Category Archives: Business Litigation

My New Facebook History Publications Page




Friends: I have just opened a new Facebook page featuring my publications on American History. Please take a look on Facebook at Edward F. Mannino @ManninoHistory. This describes all my books, including the just-released Politics and American Business: The Growth … Continue reading




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Politics and American Business: Adversaries or Allies?




Are business and government allies or adversaries? What is the proper relationship between the two? These questions are important issues for the upcoming presidential, congressional, and state elections. They are also the subject of my new book, Politics and American Business: … Continue reading




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Supreme Court Holds That Disparate Impact Claims Can Be Brought Under The Fair Housing Act




In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc, No. 13-1371 (June 25, 2015), the Supreme Court held, by a 5 to 4 margin, that claims of disparate impact  can be brought under the Fair Housing Act. This … Continue reading




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Liability for False Statements of Opinion Under Section 11 of the 1933 Securities Act




In Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435 (March 24, 2015), the Supreme Court resolved the proper standard by which to determine whether a false statement of opinion is actionable under Section 11 of the … Continue reading




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Supreme Court Will Review Disparate Impact Theory in Housing Cases




In Texas Department of Housing & Community Affairs v. Inclusive Communities Project,  No. 13-1371 (October 2, 2014), the Supreme Court has agreed to decide whether disparate impact claims are cognizable under the Fair Housing Act. This is the third time the … Continue reading




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Hobby Lobby: A Critical But Limited Ruling For Corporate Religious Exercise Claims




In Burwell v. Hobby Lobby Stores, Inc., No. 13-354 (June 30, 2014), the Supreme Court ruled, by a 5 to 4 margin, that three closely-held corporations did not have to comply with a mandate promulgated by the Department of Health and Human … Continue reading




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Halliburton and the Fraud on the Market Presumption: A Bad Day for Defense Counsel in the Supreme Court




In Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (June 23, 2014), the Supreme Court dealt a serious blow to securities class action defendants. In that case, six justices refused to overrule the presumption of reliance recognized under the … Continue reading




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CTS Corp. v. Waldburger: Federalism and Preemption




The Superfund legislation (CERCLA) preempts statutes of limitations established by state law in tort actions involving claims for damages for personal injury or property damages. In CTS Corp. v. Waldburger, No. 13-339 (June 9, 2014), the Supreme Court decided that this … Continue reading




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Hobby Lobby in the Supreme Court: A Possible Compromise Ruling on the HHS Mandate




The Supreme Court heard oral argument today in two cases which raise the question whether corporations have a protected right under either the First Amendment Free Exercise Clause or the Religious Freedom Restoration Act (RFRA) to refuse to provide insurance … Continue reading




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“Too Darn Bad”: Class Action Waivers Are Enforceable in Arbitrations




In American Express Co. v. Italian Colors Restaurant, No. 12-133 (June 20, 2013), the Supreme Court held, by a five to three margin, that class action waivers are enforceable under the Federal Arbitration Act even if it was too expensive to … Continue reading




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