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National Law Journal

Orrick Associate's 1st Oral Argument Ended in Precedent-Setting Win for Veterans

"The greatest gift you can give yourself when you're up at that lectern is those hours that you've put in in advance," Jonas Wang advised fellow attorneys preparing for their first oral argument.
7 minute read

New York Law Journal

Issues Not Raised Below

"'Barber' is one of the latest in a long line of cases invoking the preservation requirement to prevent the blindsiding of an adverse party," write Thomas R. Newman and Steven J. Ahmuty Jr.
8 minute read

Connecticut Law Tribune

2 Justices Say Ruling Is 'Step in the Wrong Direction' for Pro Se Litigants

"In the name of judicial neutrality, the majority endorses an adjudicatory framework that, in operation, inevitably will result in self-represented parties losing their cases at the earliest stages of litigation simply because they do not know and cannot hope to learn the arcane peculiarities of our rules of practice," the dissent said.
4 minute read

National Law Journal

Divided 4th Circuit Says Hearings Not Needed Before FCA Whistleblower Suit Dismissals

The majority said a requirement that there be an "opportunity for a hearing" in qui tam dismissal motions was satisfied. Judge A. Marvin Quattlebaum disagreed.
4 minute read

National Law Journal

9th Circuit: State Bar Anti-Trump, White Nationalism Statements Violated Lawyer's Rights

One of the statements in the bar's monthly bulletin said former President Donald Trump had catered to the white nationalist movement.
4 minute read

New York Law Journal

Resolving an Open Question on Diversity Jurisdiction

"The Second Circuit's holding that state domicile is relevant to the diversity jurisdiction analysis in cases involving an unincorporated association with permanent resident members resolves a disagreement among district courts on this question," write Martin Flumenbaum and Brad S. Karp.
8 minute read

Daily Report Online

Attorney Fees on the Line: Rear-End Crash Sparks Debate on Bad Faith

"Evidence of a traffic violation is evidence of negligence," argued appellant counsel Bradley S. Wolff of Swift, Currie, McGhee & Hiers in Atlanta. "Bad faith is not negligence."
8 minute read

National Law Journal

'Immediate Threat'?: Md. Supreme Court Revives Medical Doctor's Breach-of-Contract Lawsuit

The Maryland Supreme Court ruled a "reasonable juror" could conclude the hospital "breached" the settlement agreement by reporting information that is "materially inconsistent" with the contract.
3 minute read

National Law Journal

2nd Circuit Orders Retrial in Sarah Palin's Defamation Case Against New York Times

Judges Reena Raggi, Richard Sullivan and John M. Walker Jr. on Wednesday said there's enough evidence for a reasonable jury to find actual malice.
5 minute read

Connecticut Law Tribune

$2M in Punitive Damages Upheld: Court Finds 11:1 Ratio Acceptable

However, the panel found that "the high degree of reprehensibility of Cromwell's conduct supports a significant award of punitive damages. And the fact that Cromwell's discrimination inflicted non-economic harms that may not be easily quantifiable likewise suggests that even a relatively high ratio of punitive to compensatory damages can survive constitutional scrutiny in this case."
3 minute read

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