Government

New York Law Journal |Case Digests

U.S. ex rel. Daugherty v. Tiversa Holding Corp.

October 23, 2018

Only FCA Qui Tam Suit's Claims Based on DHS Contract Dismissed, Partly With Prejudice

National Law Journal |News

Plaintiffs Lawyers With Big Law Ties Seek $300K in Legal Fees From EPA

Mike Scarcella | October 22, 2018

The Washington appellate boutique Donahue, Goldberg & Weaver, home to former U.S. Supreme Court clerks, wants the D.C. Circuit to force the EPA to pay up.

Delaware Law Weekly |News

Trial Opens in Murder Case Stemming From Deadly Prison Uprising in Del.

Tom McParland | October 22, 2018

Delaware prosecutors Monday mapped out their case against the first four inmates charged with the murder of Lt. Steven Floyd during a prison riot at James T. Vaughn Correctional Center last year, telling jurors that the attack unfolded in carefully planned phases.

New York Law Journal |News

SI Dems Fight to Keep Two Judicial Candidates on Ballot in Wake of Botched Filing

Andrew Denney | October 22, 2018

A panel from the Appellate Division, Second Department issued a unanimous ruling to kick judicial candidates Anthony Catalano and Orlando Marrazzo Jr. off the Democratic Party line, reversing a ruling by Staten Island Supreme Court Justice Alan Marin.

New York Law Journal |News

Wells Fargo Agrees to Pay NY $65M for Misleading Investors on Fake Accounts, AG Says

Dan M. Clark | October 22, 2018

The penalty is part of an investigation by the state into the bank's business practices, which came under scrutiny in 2016 when federal regulators revealed employees had created more than 2 million fake accounts to meet sales targets.

New York Law Journal |News

Will Stephen Bannon's Involvement Impact NY AG's Challenge to Census Citizenship Query?

Dan M. Clark | October 22, 2018

Adding Bannon's name to the mix has the potential to throw a wrench into the Trump administration's defense of a question about immigration status on the next census.

New York Law Journal |Analysis

Proposed Fee Schedule Changes

David M. Barshay | October 22, 2018

In this No-Fault Insurance Law Wrap-Up, David M. Barshay provides a synopsis of several of the major changes contained in the proposed amended Fee Schedule most likely to affect automobile accident victims and their health care providers seeking reimbursement for provided treatment.

The Recorder |Analysis

Strange Bedfellows? Facebook, Twitter Get Kudos From Feds in Midterm Interference Investigation

Ian Lopez | October 22, 2018

In announcing criminal charges against a Russian national for partaking in a conspiracy to disrupt elections in the U.S. and abroad, the DOJ cited Facebook and Twitter for their "exceptional cooperation."

Legaltech News |News

Strange Bedfellows? Facebook, Twitter Get Kudos in Russian Interference Investigation

Ian Lopez | October 22, 2018

In announcing criminal charges against a Russian national for partaking in a conspiracy to disrupt elections in the U.S. and abroad, the DOJ cited Facebook and Twitter for their "exceptional cooperation."

Daily Report Online |News

11th Circuit: Georgia Can't Copyright Annotated Legal Code

R. Robin McDonald | October 22, 2018

The appeals court reversed U.S. District Judge Richard Story's 2017 decision that the state of Georgia could copyright its annotated legal code, which a nonprofit had posted online for free.

New York Law Journal |Analysis

Equal Pay: Pay Equally Now, or Pay Much More Later

Jordan Pace and Bryn Goodman | October 22, 2018

With increased attention to equal pay issues and enormous potential liability, it is crucial that employers act quickly to identify and fix equal pay violations.

Daily Business Review |News

State Seeks to Bolster Tourism After Hurricane Michael Damage

Jim Turner | October 22, 2018

The state's tourism-marketing agency's executive committee voted to support a plan that includes highlighting what has reopened in areas hit by the deadly Oct. 10 storm in Northwest Florida.

Daily Business Review |News

Fried, Caldwell Face Off Over Medical Marijuana, Water Quality

Jim Turner | October 22, 2018

Fried and Caldwell, running in the Nov. 6 election to replace term-limited Florida Agriculture Commissioner Adam Putnam, engaged in a fast-paced debate on television Sunday during “Facing South Florida."

New Jersey Law Journal |News

Court Says School District Liable for Counsel Fees for Psychologist Charged With Assault

Michael Booth | October 22, 2018

We conclude that as a school psychologist … plaintiff held a position under Hackettstown's jurisdiction," Appellate Division Judge Mitchel Ostrer wrote. "The critical point is that plaintiff served as a school psychologist in a Hackettstown school.

New Jersey Law Journal |Commentary

Recognizing the State Commission of Investigation on its 50th Anniversary

Law Journal Editorial Board | October 22, 2018

We applaud its accomplishments in its 50 years of existence, and underscore what we believe to be the most important of all: the SCI has reported on subjects which led to statutory, regulatory and administrative changes within government which have saved taxpayers millions of dollars in possible bureaucratic waste and mismanagement.

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | October 22, 2018

Panel to consider dismissing old unresolved municipal court cases

The Legal Intelligencer |Commentary

'Wiseman' Analysis in Shared Custody Determinations No Longer Applicable

Michael E. Bertin | October 22, 2018

The seminal cases regarding the awarding of shared custody are the cases of In Re: Wesley JK, 445 A.2d 1243 (Pa. Super. 1982) and Wiseman v. Wall, 718 A.2d 844 (Pa. Super. 1998). Under these cases, trial courts are to consider four factors when awarding shared custody.

Texas Lawyer |Case Digests

City Of Lancaster v. LaFlore

October 22, 2018

LaFlore sued the City of Lancaster after he and his children were injured in a single-car accident when his car made a 360-degree spin and hit a tree.

New York Law Journal |Case Digests

Lederman v. NYC Dep't of Parks and Recreation

October 22, 2018

Vendor's Action Against New York City Parks Is Dismissed on Res Judicata Grounds

Texas Lawyer |Case Digests

USA v. Fuentes

October 22, 2018

In 2003, Appellant Fuentes, pled guilty to possession of a firearm as a person who had accrued three prior convictions for violent felonies under the Armed Career Criminal Act.

The Recorder |News

3 Takeaways From Changes to California's Proposed Cannabis Regs

Cheryl Miller | October 19, 2018

Companies had lobbied the state Legislature and other policymakers this year to keep local delivery restrictions out of state law.

Slideshow

Daily Business Review |Slideshow

After Hours: Federal Bar Association Broward County Chapter Annual Installation

J. Albert Diaz | October 19, 2018

The Broward County Chapter of the Federal Bar Association held its annual installation luncheon at the Tower Club in Fort Lauderdale.

The Recorder |News

In Fracas Over 9th Circuit Nominee, Grassley Calls on Home State Senators to Return Blue Slips

Ross Todd | October 19, 2018

Senator Chuck Grassley, chairman of the Senate Judiciary Committee, fired off a letter to two Washington Democrats on Thursday asking them to return blue slips for the nomination of Perkins Coie partner Eric Miller.

New York Law Journal |News

Challenges Mounting for Manhattan DA in Harvey Weinstein Prosecution

Andrew Denney | October 19, 2018

In the span of less than a week, the case against Weinstein lost one of three accusers after it was revealed that the New York City Police Department detective leading the investigation didn't turn over witness testimony that contradicted the accuser's allegations that Weinstein assaulted her in 2004.

New York Law Journal |News

Federal Prosecutors Request More Prison Time for Ex-NY Senate Leader in Repeat Sentencing

Dan M. Clark | October 19, 2018

Lawyers for the U.S. Attorney's Office for the Southern District of New York wrote that Skelos should not be shown leniency by the court because he has failed to express any responsibility or remorse for the actions that led to his conviction.

Corporate Counsel |News

DOJ Hooks a Big Fish: StarKist Guilty Plea Offers Some Takeaways for GCs

Sue Reisinger | October 19, 2018

The last of three companies involved, StarKist agreed to plead guilty to a felony charge of price fixing on canned tuna fish, according to documents filed with the U.S. District Court for the Northern District of California.

New Jersey Law Journal |

Facing $5M Damages Claim in Bridgegate Suit, Port Authority Says It's Not Liable If Baroni Conviction Upheld

Charles Toutant | October 19, 2018

The Port Authority wants a stay on discovery in a civil suit over Bridgegate lane closures until the Third Circuit rules in the parallel criminal appeal of William Baroni Jr., a former Port Authority official.

Daily Report Online |News

Gov. Deal Names New Judges for Fulton & Three Other Circuits

Greg Land | October 19, 2018

Gov. Nathan Deal named superior court judges in the Atlanta, Flint and Piedmont circuits, and a new state court judge for Dougherty County.

Law.Com |

Trump Watch: How the Clash Over Trump's Court Picks Escalated This Week

Ellis Kim | October 19, 2018

Allison Jones Rushing's nomination, formally announced in August, became ensnared in the latest congressional clash over Trump's judicial picks this week when Rushing had her confirmation hearing on Wednesday.

Legal Week |News

Dechert's Miriam Gonzalez leaves firm as Clegg takes Facebook job

Dan Packel | October 19, 2018

Firm's international trade co-chair steps down as husband joins social media giant

Daily Report Online |News

Legislator Asks Court to Dismiss Cheerleader's 'Take a Knee' Suit

R. Robin McDonald | October 19, 2018

Outgoing lawmaker Earl Ehrhart contends that the constitutional rights of student athletes at public colleges and universities are more limited than their fellow students because they are representatives of government-funded institutions and, by extension, of the government that funds them.

National Law Journal |News

Manafort, Experiencing Health Issues, Gets February Sentencing Date

Ellis Kim | October 19, 2018

Manafort, who was convicted in August on eight tax and bank fraud charges, was pushed into the Eastern District of Virginia courtroom in a wheelchair Friday afternoon.

Connecticut Law Tribune |News

Manafort, in Wheelchair, Receives February Sentencing Date

Ellis Kim | October 19, 2018

Manafort, who was convicted in August on eight tax and bank fraud charges, was pushed into the Eastern District of Virginia courtroom in a wheelchair Friday afternoon.

New York Law Journal |Analysis

Converting State Taxes to Charitable Deductions

Conrad Teitell | October 19, 2018

In his Estate Planning and Philanthropy column, Conrad Teitell writes: Proposed regulations thwart state plans to work around the new $10,000 federal limit on state and local tax deductions.

The Legal Intelligencer |News

Pa. Statute of Limitations Bill for Child Sex Abuse Victims Stalls

The Associated Press | October 19, 2018

Legislation to respond to Pennsylvania's landmark grand jury report accusing hundreds of Roman Catholic priests of sexually abusing children over decades stalled on the Legislature's final scheduled voting day of 2018 amid a showdown over a key provision.

The Legal Intelligencer |News

Capitol Report

Michael Riccardi | October 19, 2018

Following is a listing of executive and legislative action for the week of Oct. 15. Both houses of the General Assembly were in recess at press time. The Pennsylvania Senate is scheduled for a session day on Nov. 14. The state House of Representatives is set to reconvene on Nov. 13.

New Jersey Law Journal |Analysis

Opportunity Zones: Guidance on the Horizon

Marcy N. Hart | October 19, 2018

This bipartisan legislation has been heralded as a program with potential to become one of the most impactful federal incentives for encouraging capital investment in low income, distressed communities ever to be enacted.

Corporate Counsel |News

Judge Orders $2.5M in Penalties, Restitution Against Crypto CEO, Company

Dan Clark | October 19, 2018

In the U.S. Commodity Futures Trading Commission's first anti-fraud enforcement action involving bitcoin, a federal judge in New York has ordered bitcoin-denominated hedge fund CEO Nicholas Gelfman and his company, Gelfman Blueprint Inc., to pay over $2.5 million in fines and restitution for operating a Ponzi scheme.

Daily Business Review |News

State Makes Changes to Aid Displaced Hurricane Michael Voters

Jim Turner | October 19, 2018

Secretary of State Ken Detzner, the state's top election official, said the changes included in an executive order by Gov. Rick Scott were requested by local supervisors and are intended to help displaced voters in Bay, Calhoun, Franklin, Gadsden, Gulf, Jackson, Liberty, and Washington counties.

New Jersey Law Journal |Commentary

Monmouth Park's Bet on the U.S. Supreme Court Pays Off

Louis Locascio | October 19, 2018

A decision authored by New Jersey's own Justice Alito is significant not only for its practical result, but also for its astute discussion of the basis for the decision, i.e., the anti-commandeering principle.

New York Law Journal |News

Neurosurgeon Properly Denied Hospital Privileges Based on Poor Interpersonal Skills, Court Says

Jason Grant | October 19, 2018

The personal traits are “reasonably related” to statutory standards of “patient care, patient welfare, the objectives of the institution or the character or competency of the applicant,” a state appeals court ruled.

Daily Business Review |Commentary

Trial Lawyers Need to Align Their Goals With Their Clients' Goals

Oscar Sanchez | October 19, 2018

Due to systemic and historic factors, it is very hard for a litigator to be both a trial advocate and also a negotiator in a mediation setting. And, if serious reforms are not made soon, U.S. litigators are in danger of losing control of the settlement of their cases to a new breed of lawyer, the so-called “settlement counsel.”

Daily Business Review |News

Scott Seeks Legislative Backing on Medical Marijuana Appeal

Dara Kam | October 19, 2018

Responding to Scott's request, House Speaker Richard Corcoran, incoming Speaker Jose Oliva and other Republican House leaders on Wednesday urged the governor to seek “immediate review by a higher court” of an order by Leon County Circuit Judge Charles Dodson, who ruled this month that a 2017 medical marijuana law was unconstitutional.

New York Law Journal |News

NY State Urges Opioid Distributors' Challenge to Surcharge Be Moved Out of Federal Court

Dan M. Clark | October 19, 2018

Assistant Attorney General Seth Farber argued in the filing that federal law prevents the companies from bringing litigation against the surcharge in federal court because the state considers it a state taxing scheme that can only be challenged in state courts.

Legal Week |News

Gibson Dunn cuts Saudi lobbying ties amid scrutiny over journalist disappearance

C Ryan Barber | October 19, 2018

Move comes amid international outcry over alleged killing of dissident Saudi journalist Jamal Khashoggi

The Recorder |News

Calif. Justices Asked to Clarify What Recusal Means for 'Past or Future Proceedings' in Judge Pay Case

Ross Todd | October 18, 2018

Skadden's William Casey, part of a team that represented judges who won $36 million in back pay for California judges in lower courts, stopped short of challenging the recusal of the six justices.

The Recorder |News

SEC Charges Bay Area Immigration Lawyer, Firm With Securities Fraud in Alleged EB-5 Scheme

Ross Todd | October 18, 2018

The SEC alleges that Jean D. Chen, the sole partner in an immigration firm based in San Jose and San Francisco, secured over $10 million in undisclosed commissions by selling EB-5 securities to her legal clients and funneled their money to investments properties she and her husband secretly controlled.

The American Lawyer |Commentary

Ted Olson and Gibson Dunn Do Not Need This Client

Vivia Chen | October 18, 2018

Instead of a coveted client, the Gibson Dunn partner and his firm now are associated with a murderous nation that kills with impunity.

New York Law Journal |News

Manhattan Appeals Court Questions Reach of State Courts in Defamation Suit Against Trump

Andrew Denney | October 18, 2018

Members of the panel at oral argument questioned the breadth of a state court's authority if it did have jurisdiction over a sitting president, going so far as to consider if it could hold the president in contempt.

The Legal Intelligencer |News

Feds Investigating Catholic Church in Pennsylvania

P.J. D'Annunzio | October 18, 2018

Federal authorities have launched an investigation into the Catholic Church in Pennsylvania, roughly two months after the state's attorney general issued a detailed history of sex abuse in parishes across Pennsylvania.

Daily Report Online |News

Atlanta Attorney Tackles Nationally-Watched Voter, Protest Cases

R. Robin McDonald | October 18, 2018

Atlanta attorney Bruce Brown said he has taken on litigation against Georgia officials in order to protect students' rights to protest and Georgians' right not just to vote but to have their ballots counted.

New Jersey Law Journal |News

NJ Attorney-Politico Pleads Guilty to Accepting Improper Referral Fee

Michael Booth | October 18, 2018

A New Jersey attorney and local politician has pleaded guilty to accepting an improper referral fee for advising a local police officer in the process of suing the municipal government in a whistleblower matter.

Daily Business Review |

AG Candidate Sean Shaw Criticizes Prison Contractor's Donation to Opponent Ashley Moody

Zach Schlein | October 18, 2018

Shaw, the Democratic nominee for Florida's top law-enforcement position, described Moody's decision to accept more than $25,000 in campaign contributions from a private prison contractor as "disqualifying."

The Legal Intelligencer |Commentary

Pennsylvania Supreme Court Upholds Philadelphia Blight Ordinance

Krista-Ann M. Staley and Amie L. Courtney | October 18, 2018

Philadelphia has won the right to prohibit properties identified as “blighting influences” from boarding up doors and windows, and municipalities, community activists, property owners and developers should take notice

The Legal Intelligencer |News

Bill Cosby's Accuser Clears Hurdle in Suit Against Ex-DA

Lizzy McLellan | October 18, 2018

Andrea Constand's defamation case can proceed against former prosecutor Bruce Castor Jr., a federal judge ruled.

New York Law Journal |Analysis

'In re DeFreze' and Non-Dischargeability of Debts Pertaining to Non-Filed and Late Filed Income Tax Returns

Carlos J. Cuevas | October 18, 2018

The 'DeFreze' decision is reflective that Bankruptcy Code §523(a)(1) is intended to protect the taxing authorities.

The Legal Intelligencer |Commentary

Recent Opinions Hold Differing Views on Point Source Discharges Into Waters

Kathleen M. Kline | October 18, 2018

The U.S. Court of Appeals for the Sixth Circuit last month contributed two opinions to the growing cacophony over Clean Water Act (CWA or the act) jurisdiction, both holding that the act does not regulate pollution that reaches surface water via groundwater.

The Recorder |News

Two Ninth Circuit Nominees Among the Next Up for Judicial Confirmation Hearing

Ellis Kim | October 18, 2018

Trump Ninth Circuit nominees Eric Miller, currently at Perkins Coie and federal magistrate judge Bridget Bade are tentatively scheduled to appear before the Senate Judiciary Committee on Oct. 24.

National Law Journal |News

Perkins Coie, Covington Lawyers Are Next Up for Judicial Confirmation Hearing

Ellis Kim | October 18, 2018

Trump judicial nominees Eric Miller and Richard Hertling are tentatively scheduled to appear before the Senate Judiciary Committee on Oct. 24.

Litigation Daily |Commentary

Daily Dicta: Why Won't the FDA Tell Us What Foods Are Risky?

Jenna Greene | October 18, 2018

"Congress required this done years ago, with good reason,' said a lawyer from the Center for Food Safety, which has sued the FDA to force action.

The Legal Intelligencer |Commentary

US Open Public Records Laws in Desperate Need for Unity

Terry Mutchler | October 18, 2018

Consider these national disparities in public records requests. A Pennsylvania citizen requests a criminal investigative record under its state's Right to Know Law and is denied because those records, by law, are off limits. Even if the records were 100 years old and all parties were deceased, these records are off the table in perpetuity.

International |News

CFIUS Pilot Program May Not Affect As Many Businesses as Feared, Experts Say

Phillip Bantz | October 18, 2018

Last week's sudden announcement that more foreign investments in American technology businesses would be subjected to national security reviews as early as November as part of a federal pilot program startled many, but some international trade law experts say not as many businesses may be affected as initially feared.

The Legal Intelligencer |Expert Opinion

Ethics Forum: Questions and Answers on Professional Responsibility

Samuel C. Stretton | October 18, 2018

I am a young lawyer and have trouble meeting my hourly requirements for billing purposes. It seems almost impossible to do so. What do I do?

Daily Business Review |News

Supreme Court Details Clash Over Education Ballot Measure

Jim Saunders | October 18, 2018

The justices said the proposed constitutional amendment had “defective” ballot wording that would not inform voters of the measure's “true meaning and ramifications.”

Daily Business Review |Commentary

Unsecured Trade Creditors in Bankruptcy Cases May Have Received Early Holiday Gift

Charles Tatelbaum | October 18, 2018

At the end of the summer, Delaware U.S. District Judge Richard G. Andrews issued an opinion in the case of Hargreaves v. Nuverra Environmental Solutions, which can have a profound benefit to unsecured trade creditors in bankruptcy cases where there is substantial leveraged secured debt and the value of the borrower's assets is less than the amount of the secured debt.

New York Law Journal |News

NY Court of Appeals Strikes Down Part of Cuomo's Salary Limit on CEOs of State Health Contractors

Dan M. Clark | October 18, 2018

Chief Judge Janet DiFiore wrote in the majority opinion on Thursday that the agency had exceeded its authority by attempting to limit how those providers use private funds to pay their executives.

Daily Report Online |News

First Amendment Group Honors Judge for Transparency

Jonathan Ringel | October 18, 2018

"The more they know, the better they'll feel about it," said Judge James Bodiford about how the public will have confidence in the judiciary.

New Jersey Law Journal |Case Digests

Bruce v. Borough of Collingswood

October 18, 2018

Plaintiff appealed the denial of her motion for reconsideration after the trial court granted summary judgment and dismissed her slip and fall complaint for non-economic damages.

The Recorder |Case Digests

E.V. v. Robinson

October 17, 2018

Sexual assault victim's challenges to release of mental health records during alleged assailant's court martial properly dismissed

The Legal Intelligencer |Case Digests

Hamilton v. Pennsylvania State Employees Ret. Bd.

October 16, 2018

The hearing officer who heard petitioner's challenge to a beneficiary nomination form and the Pennsylvania State Employees Retirement Board, which considered petitioner's exceptions, applied the proper preponderance of the evidence standard in finding that petitioner's evidence failed to establish a forgery. The commonwealth court affirmed.

The Legal Intelligencer |Case Digests

Biear v. Attorney General, U.S.A. et al

October 16, 2018

Petitioner's Freedom of Information Act request addressed to the U.S. Department of Justice was sufficiently specific where it sought all documents and electronic media assembled during any investigation containing his name, rather than just "relating' to him. The appellate court reversed the district court's decision.

The Legal Intelligencer |Case Digests

Pier 3 Condo. Ass'n v. Khalil

October 16, 2018

A judgment creditor was not entitled to the release of funds being held by the office of judicial records, because the funds were subject to competing claims. Additionally, sovereign immunity applied to prevent public officials from having to defend the right of possession of such funds.

New Jersey Law Journal |Case Digests

Rosa v. Borough of Leonia

October 16, 2018

Defendant moved for reconsideration of the grant of summary judgment to intervenor New Jersey Department of Transportation; alternatively, defendant requested the court stay summary judgment to allow defendant to cure the procedural infirmities identified by the court.

The Recorder |Case Digests

Smith v. Superior Court (San Francisco Police Department)

October 16, 2018

Police must return lawfully possessed marijuana seized from owner

Texas Lawyer |Case Digests

City Of Fort Worth v. Rylie

October 15, 2018

Appellees are "the Operators" of electronic gaming machines known as "eight liners" at various Fort Worth locations.

Texas Lawyer |Case Digests

Wasson v. City Of Jacksonville

October 15, 2018

The Wassons leased lakefront property from the City of Jacksonville in 1996.

Texas Lawyer |Case Digests

Tucker v. Collier

October 15, 2018

Appellant, an inmate, has been adherent of the Nation of Gods and Earths for nearly twenty years.

New Jersey Law Journal |Case Digests

L.E. v. The Plainfield Pub. Sch. Dist.

October 15, 2018

Failure to Provide Police Protection or Enforce Laws Did Not Apply to School's Duty to Supervise Students

New Jersey Law Journal |Case Digests

Milutin v. Dept. of Corr.

October 12, 2018

Defendant appealed from the final judgment entered in favor of plaintiff.

The Legal Intelligencer |Case Digests

Ctr. for Climate Strategies, Inc. v. Dept. of Envtl. Prot.

October 09, 2018

The Department of Environmental Protection's solicitation for bid proposals specified the exact electronic submission method prospective contractors needed to follow to properly submit bids; therefore, petitioner's timely bid via email rather than through the specified electronic portal was properly found to be non-responsive. The appellate court affirmed.

Texas Lawyer |Case Digests

City Of Beaumont v. Mahmood

October 08, 2018

Mahmood was driving down a city road when he hit a manhole that had fallen out of one of the city's trucks.

New York Law Journal |Case Digests

U.S. ex rel. Gelbman v. City of New York

October 05, 2018

FCA Qui Tam Action Dismissed; False Claims Not Plausibly Alleged, Fraud Inadequately Pled

New Jersey Law Journal |Case Digests

Khachatryan v. U.S.

October 04, 2018

Defendants moved to dismiss plaintiff's declaratory judgment action asking the court to order the issuance of an immigrant visa to her father.

New Jersey Law Journal |Case Digests

Huntley v. Finbar Equity Inv., LLC

October 04, 2018

Plaintiff appealed the grant of partial summary judgment dismissing the count of her complaint seeking to enforce an environmental conservation easement against property owned by the defendant.

New Jersey Law Journal |Case Digests

Costino v. Police Officer Tonya Anderson

October 03, 2018

The matter came before the court on motions for summary judgment filed by the remaining defendants Little Egg Harbor Township and its police officer Tonya Anderson and Cape May County Prosecutor's Office Detective George Hallett.

Delaware Law Weekly |Case Digests

Daniels v. Delaware Psychiatric Ctr.

October 03, 2018

Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.

Delaware Law Weekly |Case Digests

Mason v. State of Delaware

October 03, 2018

An employee's complaint failed to adequately allege claims against a state employer for discrimination, retali-ation, or for violations of laws intended to benefit former service members.

Delaware Law Weekly |Case Digests

United States of America v. W.R. Grace & Co.

October 03, 2018

The Internal Revenue Service was not entitled to equitable recoupment, but rather, it was bound by the plan confirmation order.

New York Law Journal |Case Digests

Matter of Town of Cheektowaga v. Rogowski

October 02, 2018

Councilmember Lacks Jurisdiction to Continue Serving in Office After Contempt Guilty Plea

The Legal Intelligencer |Case Digests

Eberhardinger v. City of York et al

October 02, 2018

Plaintiff failed to produce enough evidence to establish that the City of York Police Department's policy and training regarding shooting at moving vehicles was so obviously deficient as to evince a deliberate indifference to the constitutional rights of those who encounter police. The court granted in part defendants' motion for summary judgment.

The Legal Intelligencer |Case Digests

Cobb-Leavy v. Borough of Yeadon

October 02, 2018

Defendants moved to dismiss plaintiff's §1983 and other claims over the injuries she received when a car pursued by a police officer crashed into her building because her excessive force claim against the pursuing officer failed since there was no seizure, her failure to train claim against the borough failed since she did not allege a policy or a link between a policy and the crash and police chief was entitled to qualified immunity. Motion granted.

New Jersey Law Journal |Case Digests

Fraenkel v. Garcia

September 28, 2018

Defendant moved to dismiss and pro se plaintiff moved to amend his complaint against the state, police officers and others.

New Jersey Law Journal |Case Digests

Victor v. Borough of Red Bank

September 27, 2018

Plaintiff appealed from the grant of summary judgment to defendants.

New York Law Journal |Case Digests

U.S. ex rel. Piacentile v. Amgen Inc.

September 25, 2018

Relators' Qui Tam Action Dismissed for Failure to State Claim Under False Claims Act

The Legal Intelligencer |Case Digests

Grezak v. Ropes & Gray LLP

September 25, 2018

Plaintiff objected to the magistrate judge's report in response to defendants' motions to dismiss plaintiff's pro se action asserting defendants conducted secret ex parte communication with a New York state judge, tampered with evidence, conspired to kidnap plaintiff, violated her fourth amendment privacy rights and infringed her familial association rights in violation of the fourteenth amendment but the court was unable to ascertain any legally sufficient objections to the magistrate's judge's recommendations that defendants' motion

The Legal Intelligencer |Case Digests

Silvestri v. Jeanes Hosp.

September 25, 2018

The Court of Common Pleas requested that the Commonwealth Court reverse a decision dismissing plaintiffs' claims based on governmental immunity, because of a recent decision by the Pennsylvania Supreme Court which overruled a case which held the motor vehicle exception to governmental immunity did not apply when a vehicle was parked.

Connecticut Law Tribune |Case Digests

Hartford v. CBV Parking Hartford, LLC.

September 24, 2018

Compensation In Eminent Domain Increased Where Assemblage Assumed in Appraisal

Connecticut Law Tribune |Case Digests

Torchia v. Groton Long Point Ass'n

September 24, 2018

Use of Municipal Property for Children's Recreational Activity Not Public or Private Nuisance

The Legal Intelligencer |Case Digests

Silvestri v. Jeanes Hosp. et al

September 18, 2018

Plaintiff's claims against the City of Philadelphia for injuries allegedly suffered due to the negligence of a city ambulance operator were barred by Political Subdivision Tort Claims Act since the motor vehicle exception to sovereign immunity did not apply in this case, where plaintiff fell from a gurney after the ambulance was parked. The court recommended affirmance of its order sustaining the City's preliminary objections.

The Legal Intelligencer |Case Digests

The Ceramic Art & Culture Inst. v. Berks County Bd. of Assessment Appeals

September 18, 2018

A nonprofit organization was entitled to an exemption from real property taxes where it qualified as a pure public charity and was the equitable owner of the subject property.

The Legal Intelligencer |Case Digests

South Middleton Twp. v. Amerifreight Sys. LLC

September 18, 2018

The court granted defendants' motion for partial summary judgment to preclude recovery of attorney fees and denied plaintiff's motion for sanctions without prejudice in case where defendant's driver crashed a tractor trailer into plaintiff's historic bridge and damaged it but defense counsel did not produce driver for a deposition or concede liability because it was possible that defendants might present evidence in support of their position on liability that did not require the driver's deposition or an expert. Granted in part, denie

New Jersey Law Journal |Case Digests

U.S.A. v. $3,415,000 in U.S. Currency

September 18, 2018

Plaintiff moved for default judgment and final order for forfeiture of $3,415,000 in U.S. currency.

The Legal Intelligencer |Case Digests

Delaware Riverkeeper Network v. Sec. Pa. Dept. of Evntl. Prot.

September 18, 2018

Court could hear challenge under Clean Water Act to state environmental agency's issuance of water quality certification. Petitions for review denied.

Texas Lawyer |Case Digests

State Of Texas v. Gleannloch Commercial

September 17, 2018

Appellee owned two vacant tracts of land totaling over 90 acres.

New Jersey Law Journal |Case Digests

U.S. ex rel. Silver v. Omnicare, Inc.

September 17, 2018

Dismissal of Qui Tam Action Pursuant to Public Disclosure Bar Erroneous Where Plaintiff's Allegations Depended on Non-Public Documents