to any federal statute with which the state law assertedly
* held ACM liable for the entire $15 million settlement although, at most, ACM is assertedly
only liable to indemnify QBE for the $1,250,000 that QBE paid to Cortes under the settlement agreement, and not the $13,750,00 settlement with the Cardonas
upholding a stipulated damages clause due to the difficulty
Applying this test, BMS's extensive contacts with California, including the sale of 187 million Plavix pills in the State for a total revenue of $900 million from those sales, allowed for the exercise of specific jurisdiction based on a "less direct connection between BMS's forum activities and the plaintiffs' claims than might otherwise be required." 21 By this reasoning, the California Supreme Court found that because both the "resident and nonresident plaintiffs' claims are based on the same allegedly defective product and the assertedly
misleading marketing and promotion of that product," then the claims for all plaintiffs were sufficient to establish specific jurisdiction.
precision, they constitute inapt remedies for the problems assertedly
(45) In addressing the preliminarily issue whether conduct was expressive, and thereby warranting application of the First Amendment, the Court noted that "it is the obligation of the person desiring to engage in assertedly
expressive conduct to demonstrate that the First Amendment even applies." (46) This ruling did not "deviate from the general rule that one seeking relief bears the burden of demonstrating that he is entitled to it." (47) Subsequent First Amendment analysis for expressive conduct is predicated on this initial showing.
These more recent cases protecting disclosure of assertedly
private information show how the United States values and protects free speech more than does Europe.
State Conference of the NAACP, 831 F.3d at 214 (striking down as unconstitutional a series of election administration enactments as discriminatory against African Americans "with almost surgical precision" and which "constitute inapt remedies for problems assertedly
justifying them [or] that did not exist").
In Hopkins, the employer assertedly
denied a position based on
In particular, permitting judges and parole officials to exercise unguided discretion assertedly
resulted in 'unwarranted disparity' (including alleged bias against minorities) in criminal sentences.
(5) According to the court, because the assertedly
religious (6) actors believed that equivalent alternatives to cannabis use exist, they faced no "choice between obedience to their religion and criminal sanction" and thus no substantial burden under RFRA.
at 572 ("The [Circuit Court] held that, because [section] 7(a)(2) requires interagency consultation, the citizen-suit provision creates a 'procedural righft]' to consultation in all 'persons'--so that anyone can file suit in federal court to challenge the Secretary's (or presumably any other federal official's) failure to follow the assertedly