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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 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
By Lisa Willis | February 8, 2024
"They won't share the status of the inquiry, but they'll share the fact that I'm asking about it, which is weird," said an attorney at the center of the Florida Bar inquiry.
8 minute read
By Casey Laffey, Ian Turetsky, Zachary Kaye and Samantha Arnold | February 7, 2024
A recent decision from the Commercial Division of the Supreme Court of State of New York, "Tsung Tsin Ass'n, Inc. v. Tian Xiang Zhu," underscores the importance of litigants' adherence to the rules of discovery and court orders, and the serious consequences they can face for failing to do so. This article summarizes the decision and offers guidance as to best practices in light of it.
8 minute read
By Riley Brennan | February 7, 2024
"Unlike burning a flag, wearing a medical mask—or refusing to do so—is not the type of thing someone typically does as 'a form of symbolism,'" Third Circuit Judge Thomas L. Ambro said.
6 minute read
By Amanda Bronstad | February 6, 2024
The Advisory Committee on Civil Rules on Tuesday heard public comments on its proposed Federal Rule of Civil Procedure 16.1, the first rule governing multidistrict litigation.
6 minute read
By Riley Brennan | February 5, 2024
The panel held that the act granted Gov. Kate Brown and Director of Oregon Health Authority Patrick Allen immunity from liability as policymakers and due to the limited vaccine supplies available at the time.
5 minute read
By Mason Lawlor | February 5, 2024
"The discovery—after impaneling the jury—that a juror's niece worked for Royal Caribbean triggered its duty to investigate the potential bias. But the district court did not do so," Judge Barbara Lagoa wrote.
5 minute read
Delaware Business Court Insider
By Ellen Bardash | February 5, 2024
Plaintiff's counsel was was part of the team that persuaded a Missouri jury to award three plaintiffs who had non-Hodgkin lymphoma a total of $1.56 billion in November.
4 minute read
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Professional Announcement
Frederick D. Miceli has joined the firm as Of Counsel
Professional Announcement