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By Alex Anteau | May 24, 2024
"If the insurance companies are interested in seeing confusing language, they need look no further than their own insurance contracts," said plaintiff-appellee attorney Ben Brodhead.
5 minute read
By Emily Cousins | May 24, 2024
"The present case involves such a situation in which factual issues exist concerning the collision that preclude summary judgment," the opinion said. "Even if the collision occurred in the decedent's lane, that does not eliminate all allegations of negligence in the complaint."
4 minute read
By Brian Lee | May 24, 2024
While the Opioid Stewardship Act was upheld, payments made before the law became effective had to be returned.
4 minute read
By Thomas R. Newman | May 24, 2024
While the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.
4 minute read
By Riley Brennan | May 24, 2024
The Supreme Court has previously noted that the theory "has been characterized as one of the strongest presumptions known to the law," and was originally developed "to shield a child from the stigma attached in the past to illegitimacy, which subjected the child to significant legal and social discrimination."
4 minute read
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | May 24, 2024
The Court of Appeals recently handed down a significant decision regarding the requirements a petitioner must meet when making a motion for leave to file a late notice of claim: 'Jaime v. City of New York'. This article discusses the background of the case and its potential significance for injured parties.
13 minute read
By Emily Cousins | May 24, 2024
"I like decisions like this that help us understand how the rules work and what kind of conduct will violate a rule," ethics expert Mark Dubois said. "The purpose of lawyer discipline is general deterrence so that all of us who labor in the vineyards know where the lines are, what to watch out for."
5 minute read
By Brian Lee | May 23, 2024
Judge Madeline Singas, writing for a unanimous court, said plaintiffs sufficiently pleaded causes of action for breach of fiduciary duty under Scottish law. The case drew an amicus brief from dozens of law professors.
4 minute read
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 Jimmy Hoover | May 23, 2024
"Where, as here, parties have agreed to two contracts—one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts—a court must decide which contract governs," Justice Ketanji Brown Jackson wrote.
3 minute read
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