Posts for "Civil Litigation / Civil Procedure" filter

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 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
Post date: Posted on: October 15, 2013

In a recent post titled “May Employer Fire Employee Based on Employee’s Reasonable On-the-Job Self-Defense?,” Eugene Volokh analyzes cases where an employer termi

Tags: Civil Litigation / Civil Procedure, Labor and Employment
Post date: Posted on: September 11, 2013

Chief Justice Myron Steele of the Delaware Supreme Court has announced his retirement, effective November 30.

Tags: Appeals, Civil Litigation / Civil Procedure, Corporations, Courts, Equity / Chancery, Legal Theory, Legislation
Post date: Posted on: September 9, 2013

At Truth on the Market, Ben Sperry opines on the argument heard by the Supreme Court in Verizon v. FCC, concerning the FCC's new net neutrality regulations.

Tags: Administrative Law, Appeals, Civil Litigation / Civil Procedure, Commerce, Technology & Law

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