By Riley Brennan | January 16, 2024
"Given the language Congress used in the FCRA, state requirements and prohibitions should only be preempted when the matter is capable of classification as identity theft, and then only 'with respect to the conduct required' by the FCRA's identity theft reporting regulations," U.S. District Judge Lance E. Walker for the District of Maine wrote. "In other words, this is a case of partial preemption. When the federal identity theft regulations apply to an act of economic abuse, then the blocking of identity-theft-related reporting activity must proceed according to federal law. But insofar as a given debt is the product of more than mere identity theft, compliance with both federal and state law may be appropriate, depending on the circumstances."
6 minute read
By Adolfo Pesquera | January 16, 2024
"I cannot see why any Texas court should order someone who has purportedly received child pornography to do anything other than provide it to law enforcement," Texas Supreme Court Justice Evan Young wrote in the dissent.
4 minute read
By Howard W. Kingsley | January 16, 2024
Howard Kingsley, who represented Broom Lender in "Broome Lender LLC v. Empire Broome LLC," discusses the case and how the Appellate Division, First Department removed common obstacles and cleared the path for assignees of mortgage loans to foreclose easily and quickly. Kingsley offers that the case is a "major win for lenders and their assignees because there had not been a prior decision by a New York state court where it found that, although standing was not established through an allonge, standing was established on summary judgment by the assignment of the note."
8 minute read
By Alex Anteau | January 12, 2024
"I have a jar of Vaseline that may have lasted longer than 10 years, and if I was to put that on 10 years after I bought it, under the ruling of the Chatham County court, that would start the limitations period over again," defendant-appellant counsel argued.
6 minute read
By Avalon Zoppo | January 12, 2024
Judge Patrick Bumatay dissented from a decision that San Francisco's anti-vagrancy enforcement likely constitutes cruel and unusual punishment.
4 minute read
By The Law Journal Editorial Board | January 12, 2024
The result should not be surprising to attorneys. However, we suspect that it would unpleasantly surprise many owners of closely held corporations.
2 minute read
By Colleen Murphy | January 12, 2024
"Pax Christi USA's position is that New Jersey's enactment of AB 5207 was a proper exercise of the State's traditional police powers to protect the health and safety of those whom the federal government chooses to detain in New Jersey under its immigration authority," Pashman Stein partner David N. Cinotti said.
4 minute read
By Riley Brennan | January 12, 2024
"The Ninth Circuit's unanimous affirmance of the trial court's merits based decision—confirming the Foundation's ownership of the Pissarro painting that it lawfully acquired for public display in Madrid in 1993—is a welcome conclusion to this case," said Thaddeus Stauber and Aaron Brian of Nixon Peabody and Javier Martínez Bavière of the Law Offices of Pedro Aleman, lead counsel for the Thyssen-Bornemisza Collection Foundation.
7 minute read
By Lisa Willis | January 11, 2024
A governor's spokesman called the federal appeals court decision "an egregious encroachment on state sovereignty."
3 minute read
By Cliff Rieders | January 11, 2024
Two recent cases, Hangey v. Husqvarna Professional Products and Dinardo v. Kohler, are examples of "relativity" in the law, or perhaps just perspective.
7 minute read
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Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement
