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March 21, 2003 |

DERGARABEDIAN v. COHEN

5 minute read
October 18, 2004 |

Waiver of Arguments

As most lawyers know, the general rule that an appellate court will not consider an argument raised for the first time on appeal is riddled with exceptions and ambiguities. The Supreme Court made sure of that. The unbridled discretion to consider or reject new arguments on appeal has led one scholar to nickname it the "gorilla rule," based on the well-known riddle that asks where an 800-pound gorilla sleeps�anywhere it wants.
8 minute read
February 16, 2000 |

Victims of Terrorists in Egypt May Sue in N.Y.

The families of American victims of a hotel shooting in Egypt in 1993 may press their personal injury and wrongful death claims in New York, the 2nd U.S. Circuit Court of Appeals ruled. Finding a lower court gave too little weight to the emotional toll the families would suffer if forced to sue in Egypt, the court reinstated a case that had been dismissed for forum non conveniens.
5 minute read
August 01, 2005 |

Davis v. Spring Branch Medical Center Inc.

The expert's opinion that the quality of care at the nursing home "robbed Ms. Davis of quality of life, and hastened the loss of her legs" is conclusory.
5 minute read
October 06, 2003 |

State v. Mechler

Because the Court of Criminal Appeals specifically left open the question of whether retrograde extrapolation must accompany Intoxilizer results and Mata concerned the admissibility of expert testimony rather than test results, the court finds that Mata is inapplicable to the issues raised in the instant case. The trial judge erred in suppressing Intoxilizer results based on Mata.
6 minute read
June 24, 2013 |

Justice Watch: Discrimination Against Pregnant Employees Continues Despite Federal Protections

The National Women's Law Center says discrimination against pregnant workers is rampant, but lawyers for employers say it's a nuanced issue.
5 minute read
March 29, 2004 |

Long v. State

The court does not find collateral estoppel applicable to the recommitment hearing.
4 minute read
June 04, 2003 |

News Briefs

A roundup of legal news items.
2 minute read
February 21, 2005 |

Fatal Blast Suit Settles for $1.37M

Large settlements and verdicts in New Jersey.
6 minute read
April 30, 2004 |

One-Way Age Discrimination

Does the Age Discrimination in Employment Act protect an employee regardless of his or her age, once that employee turns 40? The EEOC's regulation provides that it does, stating that the ADEA works both ways once someone reaches protected status at age 40. However, the Supreme Court recently held in General Dymanics Land Systems Inc. v. Cline that the ADEA does not protect younger employees who are treated less favorably than older employees.
6 minute read

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