It has long been accepted in Texas, and elsewhere, that “where one agrees to do, for a fixed sum, a thing possible to be performed, he will not be excused or become entitled to additional compensation, because unforeseen difficulties are … Continue reading
Should a person injured by exposure to asbestos be able to sue a manufacturer of products containing asbestos even if he cannot prove that he ever inhaled asbestos fibers from those products? Pacific Legal Foundation doesn’t think so. That’s why … Continue reading
Last week the Second Circuit Court of Appeals issued a ruling in Windsor v. United States of America striking down Section 3 of the Defense of Marriage Act as unconstitutional. In particular, the Court found that Section 3’s denial of … Continue reading
Courts typically avoid ruling on constitutional issues unless it is necessary to decide a case. There are several reasons for this practice, not the least of which is that ruling on controversial constitutional matters when the case can be resolved … Continue reading
This week Fox News personality Bill O’Reilly rightly pointed out that Justice Robert’s opinion upholding the individual mandate under the taxing power could be construed as a conservative opinion. However, Bill went on to imply that Justice Robert’s opinion should be … Continue reading
Over the years, the Ninth Circuit has developed a reputation in some circles for Judicial Activism (i.e. substituting its opinion for that of the legislature in matters that are none of its concern). However, last week the court’s opinion in … Continue reading
In recent article in the Huffington post, Leslie Gerwin laments the fact that the Solicitor General did not take the time during the Obamacare oral arguments to explain to the Supreme Court why Congress could mandate that individuals buy burial insurance. Strange … Continue reading