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National Law Journal

In First Case of Term, Justices Review 'Kafkaesque' Alabama Procedural Bar

"What was Kafkaesque is the ruling that we couldn't challenge our inability to exhaust precisely because we haven't exhausted," said the plaintiffs' lawyer, Adam Unikowsky of Jenner & Block.
4 minute read

New York Law Journal

NYC's Administrative Court's to Publish Some Rulings in the New York Law Journal is Welcomed. But It Should Go Further

An attorney who has worked thousands of cases before the New York City Office of Administrative Trials and Hearings applauds the court's recent announcement to submit rulings from its trial division to the New York Law Journal for publication. But he says going further and publishing rulings from the court's appeals and hearing divisions would more accurately reflect OATH and how its decisions impact the average New Yorker.
4 minute read

National Law Journal

4th Circuit Revives Workplace Retaliation Lawsuit Against Biden's HHS Secretary

"[Tijuana] Decoster properly placed both the merits and remedy of her retaliation claim at issue by filing her complaint containing allegations which sufficiently state a claim of retaliation under Title VII," Judge DeAndrea Gist Benjamin wrote in her opinion for the Fourth Circuit.
3 minute read

National Law Journal

High Court Turns Away Industry Challenges to EPA Rules Curbing Pollution

Friday's denials are a noticeable break from the court's decisions last term to take up, and ultimately rule in favor of, an emergency docket industry and state challenge to an EPA rule regulating air quality standards in upwind states.
4 minute read

National Law Journal

DC Circuit Allows Betting on 2024 Election to Resume

The Commodity Futures Trading Commission "has not substantiated that risks to election integrity are likely to materialize if Kalshi[Ex] is allowed to operate its exchange during the pendency of this appeal," the court stated.
3 minute read

National Law Journal

Biden Administration Appeals 5th Circuit's Nondelegation Ruling to Supreme Court

The stage appears to be set for the justices to grant review, given that the Sixth and Eleventh Circuits have rejected nondelegation challenges, thus creating the type of "circuit split" that increases the chances of Supreme Court intervention.
4 minute read

New York Law Journal

Rulings From NYC's Administrative Law Court to Be Published in the Law Journal

Given the broad scope and the impact of its decisions, the work of the Office of Administrative Trials and Hearings has great relevance to the New York legal community, the court's Chief Administrative Law Judge writes.
6 minute read

New York Law Journal

The Real World of Whistleblowers: Hey, the Incentives Don't Work!

The new DOJ Pilot Program varies significantly from the SEC's prior program, and these differences raise fundamental questions: What will most encourage whistleblowers to come forward? What will best motivate defendants to self-report their criminal involvement? How will these new DOJ procedures affect the standard Deferred Prosecution Agreement?
12 minute read

New York Law Journal

Decision of the Day: Court Orders Brooklyn DA to Hand Over Documents For Criminal Case

This ruling was selected and summarized by the New York Law Journal's decisions editors.
2 minute read

New York Law Journal

SEC Obtains $750K Settlement From 'World's First NFT Restaurant'

"The line between innovation and a potential securities violation remains murky," said Helen Gugel, a partner at Am Law 10 firm Ropes & Gray who is not involved in the matter.
4 minute read

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