Law360, New York (May 3, 2013, 6:35 PM EDT) -- Sui generis is one of those Latin expressed terms a student is introduced to in law school and, if taught properly, learns never to use in legal writing. Sui generis is clearly what Justice Elena Kagan and three other justices think about two recent decisions of the United States Supreme Court in Comcast Corp. v. Behrend, 569 U.S. ___, 2013 U.S. LEXIS 2544 (2013) and Genesis Healthcare Corp. v. Symczyk, 569 U.S. ___, 2013 U.S. LEXIS 3157 (2013).
Justice Kagan explains in her dissenting opinion in the Genesis Healthcare case (footnote numbered #2), that Genesis Healthcare is an example of “similarly...
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