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"A class action is a dramatic departure from the normal rules of litigation," he said.
Yet the U.S. 5th Circuit Court of Appeals, which rules on federal litigation from Texas and other Southern states, has never found any prisoner incompetent for execution due to mental illness.
With the industry firing such warning shots, regulators have spent months shielding their rules from litigation.
For decades these words have set the parameters for disputes, the Queensbury rules for tax litigation.
"They appear reliant on litigation," he said.
Republicans deplore the focus on litigation.
A Lorillard spokesman said it was not company practice to comment on litigation or potential litigation.
The company reportedly says it doesn't comment on litigation.
Lincoln Center said it does not comment on litigation matters.
(Mr. Walcott said the department did not comment on litigation).
"The conventional wisdom has been that litigation before an election is good because it helps clarify the rules, and litigation after an election is bad because it causes rancor and leaves the results uncertain," said Doug Chapin, the director of Electionline.org, a Web site run by the Pew Center on the States, a nonprofit, nonpartisan research group.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com