By Avalon Zoppo | September 13, 2024
The rule, established in the Supreme Court's 1994 decision 'Heck v. Humphrey,' bars people from bringing civil rights suits without first showing their conviction has been reversed, set aside or expunged. Circuits are divided over whether that rule applies to plaintiffs no longer in prison.
By Tommaso Baronio | September 12, 2024
"The Third DCA recognized that a shareholder who is a party to a shareholder's agreement can sue directly for its breach, and that this does fall within the exception for derivative actions; I think that was a very important issue for them to clarify, and it will have an impact [on future litigation]," said Michael P. Hamaway, a partner at Mombach, Boyle, Hardin & Simmons.
By Adolfo Pesquera | September 12, 2024
A key challenge facing Roe is the lack of a record of specific defamatory quotes relayed by the defendant to others.
By Avalon Zoppo | September 12, 2024
"The local rules do not supersede the requirements of the federal rules" of appellate procedure, the appeals court held. "Moreover, the district court's individual rules explicitly warned that this Court would not accept such an argument to excuse an untimely notice of appeal."
By Chad Blumenfield | September 11, 2024
The Eighth Circuit held unanimously that these "no-bill agreements" were legal in an opinion that turned on the statutory interpretation of Minnesota's No-Fault Act.
New York Law Journal | Analysis
By Elliott Scheinberg | September 11, 2024
"The e-mails from plaintiff and Bloom at the end of their e-mails constituted 'signed writings' within the meaning of the statute of frauds," writes Elliott Scheinberg.
By Brian Lee | September 10, 2024
Katherine L. Pringle, a litigation partner in Friedman Kaplan, made the case that the New Jersey state agency could not be sued in New York.
By Avalon Zoppo | September 10, 2024
"Rather than debating among ourselves our impressions about font size and color, the placement of hyperlinks, and the choice between click-wrap and browse-wrap agreements, we should start treating these issues about user-interface design as questions of fact," wrote Judge David Hamilton of the U.S. Court of Appeals for the Seventh Circuit.
By Allison Dunn | September 10, 2024
"If you're out in the trenches like me, and I've handled a lot of medical malpractice cases, I'm going to make certain that the expert and the doctor that is being sued are of the same training so that you can establish that they both have the same standard of care because that's where most of these cases break down," Gary L. Cooper, a partner at Cooper & Larsen, argued on behalf of the defendant attorney Monday.
New York Law Journal | Analysis
By Elliott Scheinberg | September 10, 2024
"Plaintiff argued that MRLS' intentional programing of its name on top of all faxed documents, satisfied the subscription requirement," writes Elliott Scheinberg.
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