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September 04, 2024 | New York Law Journal

The Oldest Case in the Court System

"This story is a fictionalized amalgam of many actual instances that I experienced in my years as a trial judge serving in the Supreme Court, New York County's Civil Term. It depicts the pressures that existed on all of us before IAS, during and beyond to deal with the case load that kept growing and growing and especially those cases that we commonly called "old dogs," the ones that just wouldn't ever disappear."
13 minute read
August 13, 2024 | New Jersey Law Journal

NJ's Top Personal Injury Awards Total Nearly $654M

The awards this year totaled about $654 million, which is much higher than last year's total of $169.3 million, and which makes the average award this year $32.7 million.
59 minute read
July 26, 2024 | New York Law Journal

Don't Allow Insurers to Weaken the Standard Applicable to the 'Expected or Intended' Coverage Defense

"In determining whether an organization's potential liability for an employee's sexual misconduct is covered, the relevant question is whether the harm was expected or intended from the organization's standpoint," write Joshua L. Blosveren and Bradley J. Nash.
11 minute read
June 10, 2024 | New Jersey Law Journal

Bar Report — June 10, 2024

The NJSBA's weekly report.
7 minute read
June 03, 2024 | New York Law Journal

Recent Appellate Decisions on Discovery

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read
April 29, 2024 | New York Law Journal

What a Recent Labor Law §240(1) Decision Teaches Us About Stare Decisis

This article examines the recent Court of Appeals decision that addresses whether the plaintiff was engaged in the type of "repairing" activity that is covered by Labor Law §240(1). The case should be of interest to practitioners for the implications of the specific holding. However, it also provides a broader lesson on stare decisis.
12 minute read
February 07, 2024 | National Law Journal

3rd Circuit Rules Refusal to Wear Mask Isn't Protected by First Amendment

"Unlike burning a flag, wearing a medical mask—or refusing to do so—is not the type of thing someone typically does as 'a form of symbolism,'" Third Circuit Judge Thomas L. Ambro said.
6 minute read
January 24, 2024 | New York Law Journal

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the decision.
8 minute read
October 25, 2023 | New York Law Journal

The Intersection of New York's Public Utility Use Variance Standard and the Climate Leadership and Community Protection Act

A look at the history of the Public Utility Variance Standard and look to how the courts may apply it now that the state has mandated an aggressive response to climate change through the Climate Leadership and Community Protection Act and related laws and regulations.
31 minute read
October 05, 2023 | Law.com

Munger Tolles, Hueston Hennigan, Join Maui Wildfire Cases Growing Defense Teams

Hawaiian Electric Co., which has been named in more than 35 lawsuits, has brought in a team from Munger, Tolles & Olson spearheaded by partner Brad Brian. The state of Hawaii, another defendant, has turned to John Hueston of Hueston Hennigan.
5 minute read

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