-
Case of the Day: Doe v. d’Espalungue d’Arros
The case of the day is Doe v. d’Espalungue d’Arros (W.D. La. 2023). The claims in the case arose out of an alleged sexual assault at a church retreat organized by the “Ragin’ Cajun Catholics,” the college ministry of Our Lady of Wisdom Catholic Church at the University of Louisiana at Lafayette. The defendant, Edouard d’Espalungue……
-
Case of the Day: dmarcian v. DMARC Advisor
The case of the day is dmarcian, Inc. v. DMARC Advisor BV (W.D.N.C. 2023). One of the big problems in email is distinguishing real emails from emails that appear to come from a particular domain but are fake. I can set up an email server to announce that the emails it sends are from any……
-
Case of the Day: Mallory v. Norfolk Southern Railway
The case of the day is Mallory v. Norfolk Southern Railway Co. (S. Ct. 2023). I love this case. On my very first day of law school, my very first class was civil procedure. The professor was the excellent Martha Minow. She told a story about running into someone down on his luck. He greeted……
-
Strategy of the Day: Variations in State Arbitration Law
The Federal Arbitration Act preempts state arbitration law, but not entirely. State law that is inconsistent on the FAA’s rules about when an agreement to arbitrate is enforceable or about when awards must be enforced are preempted. But state law that relates to some procedural matters in arbitration is not preempted even when the FAA……