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."
Posts for "Civil Litigation / Civil Procedure" filter
In Authors Guild, Inc. v. Google Inc., 05 Civ. 8136 (DC) (SDNY Nov. 14, 2013), 2013 U.S. Dist.
[UPDATE: At the Volokh Conspiracy blog, Ilya Somin posted this past August a lengthy post on the intersection between constitutional law and asset forfeiture.]
A number of recent decisions from the Delaware courts are discussed below.
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
The Illinois Appellate Court has answered the question in the affirmative.
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
At the ABA's Business Law Today site, Francis Pileggi and Kevin Brady have posted analysis of important business law decisions f
Chief Justice Myron Steele of the Delaware Supreme Court has announced his retirement, effective November 30.
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.