The issues in State of Washington v. Trump can be framed broadly or narrowly. If framed broadly, the issues may have notable impacts as precedent that goes to the tripartite structure of our government, and the extent to which courts can, should, or will “look behind” the actual words of an executive order. The brief

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With so many executive orders being challenged in many forums, keeping track of the events presents challenges similar to the challenges in tracking events in mass tort litigation. Below, a note on the best resource I know of for tracking the civil rights cases. Guest posts are welcome if others know of better resources.


Cartoon courtesy of Campaign for Tobacco Free Kids
Cartoon courtesy of Campaign for Tobacco Free Kids.

You knew this well-targeted attack was going to be launched by someone. Kudos to the Campaign for Tobacco-Free Kids for pointing out the absurdity of some group of CEOs giving an award to the US Chamber of Commerce for supposedly being useful in

One of the struggles in mass tort litigation arises from the economic conflicts of interest between current and future claimants. The issues can arise in multiple places: class actions, mass tort bankruptcies (which are de facto class actions), and current claims seeking punitive damages that realistically could exhaust the assets of defendants that lack deep

Megan tweet soccerFor organizations indirectly or directly involved with health, the current world can present massive opportunities and risks due to media that can reach around the globe to millions, in a relative instant. A new example? Concussions, research and emerging science, the subject of a new Will Smith movie in theaters at Christmas, as described here

CBO has published a preliminary estimate of costs related to extension of the 911 (Zadroga) fund. CBO provided the following summary:

“The Congressional Budget Office has completed a preliminary estimate of the effect on direct spending that would result from enacting S. 928, the James Zadroga 9/11 Health Compensation Reauthorization Act, as introduced on April

Spending continues apace on judicial elections as defense and plaintiff interests jockey to keep or put judges in office. The overall point is highlighted by the latest study on spending, which is Bankrolling the Bench from the Brennan Center group most would call “liberal,” even if the label is not accurate.  And the money flows

Today, a fact of life is that judges are invited to and do speak at conferences that gather persons interested in a topic. Sometimes the judges show up with a message. Thus, this week’s Perrin conference on asbestos litigation included a panel composed of “asbestos judges” from some of the key venues for asbestos litigation.

Software and data operate in binary code that changes very little, if at all, for borders (excluding homeland security issues for some software). Therefore, global problems are generated by defects in data or software. VW is the current poster child for this reality as it now has acknowledged global issues involving some 11 million cars,

Some naive lawyers (e.g. me) long ago thought civil litigation was about truth, justice and the American way. Not so; the University of Chicago law and economics focus plainly is correct; civil litigation is about money. Therefore, it’s not a surprise that Delaware Chancery judges now issue opinions with warnings about their thoughts on future