Michael de Leeuw and Matthew Elkin, both of Cozen O'Connor's Commercial Litigation department, discuss the business side of Justice Scalia in Corporate Counsel. Legal scholars and casual observers alike will remember Scalia for his originalist judicial philosophy, his inimitable writing, his fiery speeches and his questions at oral argument. The cases that will inform his legacy will likely be his constitutional cases, particularly his opinions, concurrences and dissents on issues such as gun rights (Heller), gay rights (Lawrence), gay marriage (Obergefell), campaign finance (Citizens United) and abortion (Casey). His absence will likely alter the landscape of constitutional law for a generation. For business litigators, Scalia’s death may be no less seismic. Dow’s concession in the In re Urethanes Class Action litigation is likely just the tip of the iceberg.
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