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Tapping Big-Firm Talent Breaking the Marriage Barrier
red truck flying American flags slowly circled San Francisco City Hall, passing a long line of same-sex couples waiting to get married. "Stop the Insanity"-"Shame on America"-"Marriage Is One Man, One Woman," the signs on the truck proclaimed. Across the street, inside San Francisco's superior court, chief deputy city attorney Therese Stewart faced a throng of cameras and reporters from around the nation. "This is not just about San Francisco, it's about the whole country," said Stewart, the city's top litiDoes the Serious Impact Test Survive AICRA?
In 1988, the New Jersey Legislature amended the No Fault Act to incorporate a verbal threshold -- a requirement of the type of injury that an accident victim would have to sustain to recover damages for pain and suffering. However, the statute did not provide standards or procedures for determining satisfaction of the threshold, leaving that to the New Jersey Supreme Court to interpret in Oswin v. Shaw.Florida Plaintiffs Eschew Federal Claims for State Courts
Though terminated employees often threaten to sue, the legal maneuvering in a particular Florida dispute is departing from tradition. Claiming that he was terrified by a closed-door meeting with a female HR manager, the man has threatened to file a claim of false imprisonment. Attorneys say the case illustrates two trends: increased filings of employment claims in state courts rather than federal court, and the growing popularity of common law claims.The SEC's Setbacks in Litigation
One of the most fought over quotes from football is: "Winning isn't everything. It's the only thing." By its recent track record in the litigation arena, the U.S. Securities and Exchange Commission has not been in very good compliance with that maxim. Attorney C. Evan Stewart reviews some of the SEC's litigation setbacks, and attempts to draw a few lessons for those who might be contemplating litigating matters with the proverbial 800-pound gorilla.Attorney-Client Privilege: Ohio Takes a Bite Out of the Big Apple
Zuckerman Spaeder partner C. Evan Stewart writes: Charles Caleb Colton once famously observed that "Imitation is the sincerest form of flattery." One place where that maxim seems not to have worked out well is in the application of the attorney-client privilege. Given the steady erosion in that privilege, it has been disheartening to see a New York court recently reach out and imitate the courts of Ohio.When the Empire Strikes Back: Employer Retaliation, Reaction and Counterclaims
While demotions, failure to promote and outright firings have always been held to be "adverse employment actions," the U.S. Supreme Court recently clarified that any employer act that is "materially adverse" is unlawful retaliation, provided that there is a nexus with the employee's known statutorily protected activity. Ford & Harrison's Judith A. Moldover discusses the implications of Burlington Northern & Santa Fe Railway Co. v. White.Trending Stories
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