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Circuit splits generate commentarypart II

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

“Beginning with a simple questionwhat can one say about the Supreme Court’s on-againoff-again relationship with lower court precedentBruhl finds a

Tenth Circuit rules two CAFA exceptions inapplicable to employee benefits class action

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

The Tenth Circuit Court of Appeals has determined that neither the state-action provision nor the local-controversy exception to the Class Action

Circuit splits generate commentarypart I

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

"I have been critical of Sixth Circuit Judge Jeffrey Sutton for creating a Circuit split on the SSM single-sex marriage cases. Specifically, I

CPSC responds to Zen Magnets’ motion to dismiss

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

The U.S. Consumer Product Safety Commission (CPSC) has urged an Administrative Law Judge (ALJ) to deny the motion to dismiss filed by Zen Magnets

SCOTUS says imperfect statement of legal theory not ground for dismissal

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

In a per curiam ruling, the U.S. Supreme Court (SCOTUS) has summarily reversed the Fifth Circuit's dismissal of claims filed by Mississippi police

First Circuit confirms jurisdiction over Canadian company

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

The First Circuit Court of Appeals has determined that Massachusetts courts have long-arm jurisdiction over a Canadian company "where the parties'

Is SCOTUS a Court? Are the justices judges?

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

Eric Segall, who authored Supreme Myths: Why the Supreme Court Is not a Court and Its Justices are Not Judges," continues to press his point in the

Personal injury suit claims 3-year-old swallowed Buckyballs magnets

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 20 2014

The parents of a 3-year-old girl who was allegedly hospitalized after swallowing 37 high-power magnets from a "Buckyballs" adult desktop toy set

First Circuit interprets CAFA in employment dispute

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 6 2014

In finding a putative class action removable to federal court under the Class Action Fairness Act (CAFA), the First Circuit Court of Appeals has

Manufactured homes too permanent to be consumer product, Sixth Circuit says

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 6 2014

A split Sixth Circuit Court of Appeals panel has determined that a pre-made home is not a consumer product within the meaning of the Magnuson-Moss