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Jury nullification and the case of Rajiv Menon
Our constitution provides: “Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” That is the protection against double jeopardy. It’s not an American invention. The common law had a wonderful name for the plea that since a defendant had already been acquitted of a…
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Case of the Day: Salinas v. Astor Asset Management Ltd.
The case of the day is Salinas v. Astor Asset Management 3 Ltd. [2026] EWCA Civ 940. What an interesting case. Ricardo Salinas Pliego was a “wealthy Mexican businessman.” He was looking to borrow money in 2021, and he was introduced to “Gregory Mitchell” and “Thomas Mellon,” who were supposedly “senior representatives of Astor Capital…
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Independence Day!
For the 250th anniversary of American independence, I’m going to do three things that Americans love to do: give an ode to the common law, speak ill of our political leaders, and express optimism about the future. The common law. We do a pretty good job of keeping the spirit of the common law alive.…
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Case of the Day: JC Cannistraro LLC v. Columbia Construction Co.
The case of the day is JC Cannistraro LLC v. Columbia Construction Co. (Mass. 2026). Columbia had a contract to renovate a building in Walpole, Mass. It had a subcontract with Cannistraro, which had an arbitration clause that read: At the sole election of [Columbia], any disputes shall be resolved by arbitration in accordance with…
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Case of the Day: Kangol v. Hangzhou Chuanyue Silk Import & Export Co.
The case of the day is Kangol LLC v. Hangzhou Chuanyue Silk Import & Export Co. (7th Cir. 2026). I covered the case back in October, when I submitted an amicus brief on behalf of friends-of-Letters-Blogatory Bill Dodge and Maggie Gardner. In today’s case, the Seventh Circuit has now joined the Second Circuit and the…