Posts for "Case Law Analysis" filter

Post date: Posted on: December 14, 2013

In a recent post, Eugene Volokh briefly analyzes the US Supreme Court cases leading up to the Religious Freedom Restoration Act of 1993 (RFRP).

Tags: Administrative Law, Constitutional Law, Labor and Employment, Legal History, Legislation
Post date: Posted on: December 6, 2013

Lisa Stark has authored a report on recent judicial developments in Delaware corporate law, which can be downloaded here.

The cases discussed include:

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Commercial Litigation, Corporations, Courts, Fiduciary Duties, Limited Liability Companies, Partnerships
Post date: Posted on: November 20, 2013

Lawyers drafting contracts (including operating agreements for LLCs and other business entities) often use "notwithstanding anything to the contrary" clauses to lend preclusive effect to a particular section.  For example, an agreement might contain a provision that "notwithstanding anything to the contrary in this agreement, any Member may engage in other business without the permission of the Company or the other Members."

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Commercial Litigation, Contracts, Equity / Chancery, Limited Liability Companies
Post date: Posted on: November 14, 2013

[UPDATE: At the Volokh Conspiracy blog, Ilya Somin posted this past August a lengthy post on the intersection between constitutional law and asset forfeiture.]

Tags: Administrative Law, Civil Litigation / Civil Procedure, Constitutional Law, Criminal Law
Post date: Posted on: November 6, 2013

After concluding that neither party had presented a reasonable valuation alternative method, the Court of Chancery used the merger price to determine “fair value” in a recent statutory appraisal proceeding where the sales process leading up to the merger had been judicially challenged, reviewed a

Tags: Alternative Business Entities, Appeals, Commercial Litigation, Corporations, Equity / Chancery, Fiduciary Duties, Limited Liability Companies, Partnerships
Post date: Posted on: November 3, 2013

In a recent unanimous decision, the Virginia Supreme Court ruled that Virginia Tech is not liable for failing to warn students about the shooter who ultimately shot and killed 32 persons and wounded 17 other

Tags: Civil Litigation / Civil Procedure, Legal Opinions, Premises Liability, Torts

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