Yesterday, the Second Circuit became the first U.S. court of appeals to expound on how the decision in Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007), has changed pleading requirements. The court summarized:
After careful consideration of the Court’s opinion [in Twombly] and the conflicting signals from it that we have
Today, the Third Circuit ordered a district court to reconsider class certification in a case arising from the City of Reading’s refusal to grant a permit for a methadone clinic. The court also reversed summary judgment for the defendants, holding that the record raised fact issues under the Americans with Disabilities Act and the Rehabilitation
The D.C. Circuit considered today whether an employee waives his psychotherapist-patient privilege by suing the employer for discrimination. The court held that he doesn’t, at least if he drops his claim for emotional harm. Koch v. Cox, No. 06-5134 (D.C. Cir. June 15, 2007).
Barry Barnett
Today the Second Circuit reversed dismissal of a claim for conversion of electronic data. The court thus accepted the answer, by the New York Court of Appeals, to the question of whether detention of intangible property may satisfy the elements of the "conversion" tort. Thyroff v. Nationwide Mut. Ins. Co., No. 05-4005-cv (2d Cir.
The Third Circuit today adopted a rule for assessing the citizenship of a trust under the diversity of citizenship statute, 28 U.S.C. 1332(a). It held that the citizenships both of the trustee and of all the trust beneficiaries count if the trust sues in its own name. Emerald Investors Trust v. Gaunt Parsippany Partners
Blawgletter enjoys Anne Reed’s Deliberations, in which she grapples with "law, news, and thoughts on juries and jury trials". We recommend it.
A post today explains our affection. It relates the phenomenon of "story gaps" to a recent study in the Journal of Consumer Research. The study shows that consumers distrust pitches that tell
The Federal Circuit today declined to review an interlocutory order holding a party in contempt for violation of a preliminary injunction. Entegris, Inc. v. Pall Corp., Nos. 04-1440, 05-1265, 05-1266 & 06-1374 (Fed. Cir. June 13, 2007).
The court also affirmed the district court’s dissolution of the preliminary injunction because Entegris failed to prove
If Tony Soprano agrees to take delivery of boxes containing nothing but thousands of bricks so that the "seller" can falsely represent on its financial statements that it sold him hundreds of computers, has Tony joined in the seller’s fraud?
The Bush administration would say no. Despite a request by the Securities and Exchange Commission
The federal government spends more than $140 million a year on the U.S. Department of Justice’s Antitrust Division. What do we taxpayers get for our money? Aggressive prosecution of cartels that gouge American consumers? Opposition to mergers that consolidate national and international economic power? Inquiry into the billions that private equity firms reap from seducing
