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After the party ReprintsIndeed, America plans to expand e-mailing rights in further litigation.
The consequences of the two decisions are hard to predict because, as Justice Antonin Scalia said in a pair of dissents he summarized from the bench, "the court leaves all of this to be worked out in further litigation, which you can be sure there will be plenty of".
The possibility that cases may be upended -- or at least tied up in further litigation -- could disrupt the board's core mission, he said.
The companies' behavior, he wrote, violated a fundamental principle of law, "that if a party wins a suit on one ground, it can't turn around and in further litigation with the same opponent repudiate the ground in order to win a further victory". He ruled that the company and insurer would have to make up the difference between Social Security and what the company policy promised.
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(In this case, environmental groups successfully sued, and the rule remains in effect pending further litigation).
The Chevron Corporation failed on Tuesday to persuade a federal judge in New York to find an $18.2 billion judgment by an Ecuadorean court unenforceable, but the judge left an injunction against the award in place pending further litigation.
But to avoid starting a new round of timber wars with powerful logging proponents in Congress, and further litigation with the timber industry, the Administration is considering exempting two huge timber zones from the road-building moratorium.
3 And so confusion is left to breed further litigation in an already heavily litigated area of the law.
It avails a defendant of a federal forum in contemplation not of further litigation over the merits of a claim brought in state court, but of termination of the proceedings altogether, and a merely colorable claim of preclusion does not satisfy a district court that it may dismiss a case as precluded by the Act.
Jeffrey Skilling, a former top leader at the failed energy company, agreed to pay $42 million to victims of the fraud, and refrain from any further litigation in his case.
The appeals panel then halted all further litigation in the case but kept some documents under seal, an action the American Civil Liberties Union vainly protested.
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