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Daily Business Review

Climbing Over That Wall: Confronting the Challenge of Trial Court Discretion

It may seem like a trial court judge's ruling on an issue on which the judge has discretion means the absolute end of the inquiry. But while trial court discretion certainly presents a hurdle to a party seeking to challenge the decision on appeal, it is not always insurmountable.
6 minute read

New York Law Journal

Oved & Oved Loses Bid to Unmask Author of Bad Firm Review Online

A unidentified online user claimed the attorneys were "rude." The firm says it's trying to protect it's reputation.
2 minute read

New York Law Journal

NY's Top Court Mulls Whether State Can Investigate Fired Catholic Priest's Bias Claim

Among the issues is whether the ministerial exception in employment cases applies to hostile work environment allegations.
6 minute read

National Law Journal

'Clear Abuse of Discretion': 9th Circuit Says Judge Should Have Recused From Death Row Inmate's Lawsuit

"There is no reason for Judge Brailsford to subject herself to the very human pressures that arise out of sitting in judgment in cases involving people we know and value as friends," the U.S. Court of Appeals for the Ninth Circuit held.
4 minute read

Delaware Business Court Insider

Four Delaware Supreme Court Arguments to Pay Attention to This Fall

Closely-watched cases could have implications for areas of corporate law that have come up repeatedly in attorneys' conversations this year and in 2023, including controlling shareholders, out-of-state incorporations and how much leeway the Court of Chancery has in reviewing arbitration awards and non-competes.
6 minute read

Daily Report Online

Ex-Justices Help Appellant Team Secure Reversal in Garnishment Dispute

"[I]f the process defense is meritorious, as it is here, the default judgment must be set aside," read the Supreme Court of Georgia opinion.
5 minute read

New York Law Journal

Ex-Davis Polk & Wardwell Associate Kaloma Cardwell Drops Appeal

Kaloma Cardwell sued his former firm, alleging retaliatory termination after complaining about racial discrimination. A jury found David Polk not liable.
2 minute read

Law.com

Monsanto Moves to Pause PCB Trial That Starts This Week

Monsanto's emergency stay motion comes after the Washington Supreme Court agreed on Oct. 9 to review a Washington Court of Appeals decision earlier this year reversing the first PCB verdict, a $185 million award in 2021.
4 minute read

National Law Journal

Justices Appear Split Over Trucker's RICO Lawsuit Against Cannabis Companies

"It is utterly implausible that Congress federalized every slip and fall involving RICO predicates," said Lisa Blatt, an attorney for the sued cannabis companies.
5 minute read

New York Law Journal

Trump Counsel Again Asks Second Circuit to Remove NY State Case to Federal Court

Trump is tentatively scheduled to face sentencing on felony charges on Nov. 26.
3 minute read

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