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Antitrust Filings Saw Upswing in 2023, Legal Analytics Report Says
A surge in filings in the Nashville federal court made U.S. District Judge Waverly Crenshaw Jr. the most active antitrust judge in 2023.
Appellate Division Clarifies RPAPL §881 Reimbursement Obligations
A discussion of 1643 First LLC v. 1645 1st Ave. LLC, issued by the Appellate Division, First Department which attempts to reconcile conflicting decisions about a petitioner's obligation to reimburse a respondent's professional fees in a proceeding held pursuant to Section 881 of the RPAPL. The article analyzes the history of these fees including when they are needed and how counsel can avoid a trial court denying a professional fee reimbursement request.
No Objections: Smokehouse Creek Fire MDL Petition Approval Expected
One week before Xcel Energy publicly admitted its equipment ignited the Smokehouse Creek Fire, the company informed the SEC that plaintiffs' attorney advised the company to preserve the evidence.
Retired Justice Kennedy To Release Memoirs This Fall
Anthony Kennedy will offer his perspective on "major decisions on abortion, affirmative action, freedom of speech, gay marriage, separation of powers, and federalism," Simon & Schuster stated.
Probable Cause and 'Bruen': Two Amendments Collide
Recently, a judge in the Eastern District of New York announced a new legal standard for probable cause in gun cases in New York. Essentially, the court concluded that a significant increase in lawfully possessed guns in New York City has altered the probable cause equation in these cases. The government is seeking reconsideration of that ruling.
Law Journal Press | Digital Book
Florida Domestic Violence: The Practitioner’s Handbook 2017
Authors: Andrew Wentzell
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These South Florida Yacht Brokers May Need Representation as Antitrust Class Surfaces
"Because this is such a big case, ... we expect other suits to follow," said Ricardo Martinez-Cid, of Miami's Podhurst Oreck.
Kirkland & Ellis Hired for Big Pharma Antitrust Suit
A 2020 verdict allowed Teva and other companies to produce generic versions of Vascepa. But Teva allegedly had to scale back its launch because of an inability to obtain the key ingredient, the suit said.
Avoiding Conflicts with Prospective Clients
When approached with a new potential representation, a lawyer needs to do a conflicts check. Once that clears, what is stopping them from jumping in and getting as much information as possible to demonstrate to the potential client that they are the right choice? In reality, they should take precautions to ensure that not only the lawyer but the entire firm are not disqualified.
Chancery Dismisses Suit Against Walgreens Directors, Rejecting 'Reflexively Filed' 'Caremark' Claims
"Fueled by hindsight bias," Vice Chancellor Lori W. Will explained, Caremark suits have "proliferated in Delaware" seeking to hold directors personally liable for imperfect efforts, operational struggles and business decisions. But, the court noted, a stockholder's position that the board's response to a corporate crisis merely "came too late and did too little" is insufficient under Caremark, which requires a showing that directors acted in bad faith.
'Difficult to Decipher' Arbitration Clause Deemed Unenforceable by NJ Appellate Division
"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."TRENDING STORIES
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