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March 26, 2024 | Texas Lawyer

Maritime Law Column: Texas Maritime Public Infrastructure Projects to Watch

"As is evident, there is a wealth of maritime infrastructure development occurring in Texas," writes columnist Keith Letourneau.
6 minute read
March 26, 2024 | New Jersey Law Journal

Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain

"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
7 minute read
March 25, 2024 | New Jersey Law Journal

'Difficult to Decipher' Arbitration Clause Deemed Unenforceable by NJ Appellate Division

"An initial scan of Section 27 reveals a series of difficult to decipher and contradictory sentences contained in a single arbitration clause," Judge Morris G. Smith said in his written opinion for the court. "The clause contains 887 words in thirty-six unbroken lines. A closer reading shows that the run-on paragraph harbors within it mutually inconsistent means for dispute resolution."
5 minute read
March 25, 2024 | Law.com

Landmines In Bankruptcy Appellate Practice, Part III

When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
11 minute read
March 25, 2024 | National Law Journal

Breyer Makes His Case Against Textualism and Originalism

"Those theories will not bring about the advantages that their advocates hope to achieve. They will not bring certainty to the law," the retired justice writes in his forthcoming book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism."
7 minute read
March 25, 2024 | The Legal Intelligencer

DOL's Final Rule on Independent Contractor Classification Likely Is Not the Final Word

While the DOL rule took effect as scheduled (in contrast to the NLRB joint employer rule that was struck down by a Texas federal court on March 8), multiple lawsuits stand in its path and lawmakers in both chambers of Congress are challenging the 2024 IC Rule under the Congressional Review Act.
6 minute read
March 25, 2024 | The Legal Intelligencer

President Biden's New Strike Force on Unfair and Illegal Pricing

The strike force's launch is to continue the efforts of the president's Competition Council, which was established "to work across agencies to provide a coordinated response to overconcentration, monopolization, and unfair competition in or directly affecting the American economy."
5 minute read
March 25, 2024 | Daily Report Online

Judge Versus Congressman: John Barrow Challenges Most Junior Justice Andrew A. Pinson

As the appointed incumbent seeks to retain his Supreme Court of Georgia seat through election, a former congressman is relaunching his race to become a justice.
12 minute read
March 22, 2024 | National Law Journal

Manchin Won't Back Judicial Picks With No GOP Votes. What That Means for Biden's Nominees

"Manchin's vow would mean that tight margins get even tighter as losing even a single other Democratic senator would sink the judicial nominations," stated Michigan State University political science professor Ian Ostrander.
5 minute read
March 22, 2024 | National Law Journal

FTC Will Examine Supply Chain Disruptions' Disparate Harm on Smaller Grocery Stores

"If we end up finding that these types of practices violate any of the antitrust laws ... I know I'll be very interested in making sure we take swift action," FTC Chair Lina Khan said.
4 minute read

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