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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By James M. Beck | May 23, 2024
A new trial (whether by motion, necessitated by a mistrial, or ordered on appeal) certainly defeats law of the case. The slate-wiping function of a new trial means that the law-of-the-case doctrine is "misplaced."
7 minute read
By Riley Brennan | May 23, 2024
"We conclude that the District Court judge erred in holding that G. L. c. 218, § 19A, constrains a court from looking beyond a plaintiff's initial statement of damages in assessing whether there is a reasonable likelihood that recovery by the plaintiff will exceed $50,000. Rather, the statute requires the court to consider the nature of the action itself—and thus the complaint then before the court," Associate Justice Elizabeth N. Dewar wrote on behalf of the SJC.
4 minute read
By Allison Dunn | May 22, 2024
"Bayer is pleased with the plaintiff's decision to voluntarily dismiss these meritless claims against the Company in Sidhu and believes that the replicated claims raised in the Copeland filing are equally baseless," the company said in a statement. "The Company continues to stand behind the safety of the product that is supported by extensive scientific evidence."
5 minute read
By Riley Brennan | May 22, 2024
"In light of the unique circumstances of this case, the trial court's decision to grant appellees' motion for a new trial was based on careful observation of the proceedings and thoughtful consideration of the parties' interests and their arguments," Judge Dubow said.
4 minute read
By John C. Armentano | May 21, 2024
The Second Circuit's decision puts municipalities on notice that attempts to delay a zoning decision may work against them when there are religious discrimination claims at stake.
11 minute read
By Martin Flumenbaum and Brad S. Karp | May 21, 2024
In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
8 minute read
By Andrew Goldenberg and Adam Levy | May 21, 2024
This article is based on the recent First Department decision, "Reeves v. Associated Newspapers, Ltd." which presents the issue of what constitutes a "substantial basis in law" under the anti-SLAPP law to warrant mandatory costs and attorneys' fees to SLAPP defendant.
7 minute read
By Avalon Zoppo | May 20, 2024
Oral argument rates among the circuits may be affected by the types of cases they hear. For example, the D.C. Circuit, with the highest rate, often weighs complex administrative law issues best addressed through oral argument, said appellate attorney Mark Gidley.
6 minute read
By Riley Brennan | May 20, 2024
"The doctrine was created to protect injured workers and is now being used primarily to hurt them. The doctrine has no need this day and age. We look forward to presenting our arguments to the court," said David B. Pizzica of Pansini and Pizzica Law Group.
4 minute read
By Riley Brennan | May 20, 2024
In opposition, Kaiser argued Genesis failed to allege sufficient facts to show a contract existed, claiming the lab failed to adequately plead it "received a valid assignment of benefits from anyone."
4 minute read
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