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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By Riley Brennan | February 13, 2024
The court ruled that websites' hyperlinking to the companies' terms of use section was sufficient notice of the arbitration provision in underlying litigation group of consumers filed six class actions
6 minute read
By Riley Brennan | February 13, 2024
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts.
2 minute read
By Elliott Scheinberg | February 13, 2024
The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.
13 minute read
By Stephen Masciocchi and Tina Van Bockern | February 13, 2024
Despite the U.S. Supreme Court's decision in AMG Capital Management v. Federal Trade Commission, 593 U.S. 67 (2021), holding that Section 13(b) of the Federal Trade Commission Act does not allow for equitable monetary relief, the U.S. Court of Appeals for the Tenth Circuit affirmed the rejection of a Rule 60(b)(6) motion to vacate a stipulated judgment for payment of equitable monetary relief that was entered before the AMG decision was issued.
6 minute read
By Riley Brennan | February 9, 2024
Chief Justice Natalie E. Hudson said plaintiffs counsel was asking the word "only" in the statute to do "a lot of the heavy lifting," in his argument that the governor can "only" act under certain conditions.
7 minute read
By James M. Beck | February 9, 2024
Historically, when a general jury verdict could have been based on either valid or invalid grounds, a new trial was required. In such situations, the jury "may as readily have followed the incorrect as the correct theory, and it is impossible to know which they accepted."
7 minute read
By Riley Brennan | February 9, 2024
The high court concluded that the state Legislature intends for the metropolitan court to create a record of its civil proceedings.
7 minute read
By Lisa Willis | February 8, 2024
"My client, his wife and the city have done nothing wrong," said the attorney representing the defendants.
4 minute read
By Riley Brennan | February 8, 2024
The high court has "'consistently rebuffed' every request—12 of them now—to find implied causes of action against federal officials for money damages under the Constitution," and has made it clear that "expanding the Bivens remedy to a new context is an extraordinary act, that will be unavailable in most every case," wrote U.S. District Judge Michael S. Nachmanoff.
5 minute read
By Thomas Kissane and John Moore | February 8, 2024
This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Kiyo A. Matsumoto denied defendant's motion to withdraw his guilty plea and dismiss the indictment charging him as a felon in possession. Judge Frederic Block dismissed an action for a declaration holding New York's ban on assault weapons unconstitutional. Magistrate Judge Lee G. Dunst granted a motion to disqualify counsel.
9 minute read
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/