New York Law Journal | Commentary
By Carmen D. Caruso | March 28, 2024
As former President Donald Trump gears up for appeal of the civil judgment against him, trial lawyer Carmen Caruso assess the potential issues and arguments.
By Alex Anteau | March 27, 2024
"I feel like I'm going to win the case, but can I get the Court of Appeals to say maybe this 'substantial or material interferences' [case law] is a slippery slope we might not want to keep sliding on?" said plaintiff-appellee counsel Michael Cummings.
By Colleen Murphy | March 27, 2024
"I urge the court, there are a myriad of cases cited here, to please follow the verbs," said Richard I. Scharlat, the plaintiff's lawyer. "All the verbs talk about selection, appointment, the right to hire and fire. The verbs really do not extend to a defamatory statement post employment."
By Colleen Murphy | March 27, 2024
"I urge the court, there are a myriad of cases cited here, to please follow the verbs," counsel to the plaintiff, Richard I. Scharlat, a partner with Fox Rothschild said. "All the verbs talk about selection, appointment, the right to hire and fire. The verbs really do not extend to a defamatory statement post employment."
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | March 27, 2024
In 'Behrens v. JPMorgan Chase Bank N.A.', the Second Circuit addressed a question of first impression in the circuit: whether a district court is required to exercise subject-matter jurisdiction where it exists, even if it is invoked belatedly.
By Riley Brennan | March 26, 2024
"Given that all class members encountered the same misrepresentation about Potential Reach—the nucleus of the fraud—the slight variations in the other information available on the Ads Manager did not defeat the commonality of the misrepresentation," Judge Sidney R. Thomas said.
By Alex Anteau | March 26, 2024
The Superior Court of Athens-Clarke County ruled Georgia's criminal self-defense provision required the University of Georgia to expressly incorporate language adopting the standards of self-defense applied in criminal cases. The state Board of Regents appealed.
By Adolfo Pesquera | March 26, 2024
"The breach of fiduciary claims against Mr. Herz as trustee remain and will be litigated. We very much look forward to that," plaintiffs attorney Anthony G. Buzbee said.
By Riley Brennan | March 26, 2024
Ohio had two definition of "motor vehicle," one that applies to traffic laws, and one that applies more broadly to various chapters of state law and criminal laws, the opinion said.
By Colleen Murphy | March 25, 2024
"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."
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