State & Local Government

National Law Journal |News

Meet Rachel Mitchell, the Arizona Prosecutor Who Will Question Kavanaugh, Blasey Ford

Nate Robson | September 26, 2018

The outside-the-Beltway veteran sex-crimes prosecutor will pinch-hit for Republican senators on Thursday.
Delaware Business Court Insider |Commentary

Chancery Reaffirms Safe Harbor for Directors' Reasonable Reliance on Expert Advice

Brian M. Lutz and Mark H. Mixon Jr. | September 26, 2018

Longstanding Delaware law not only entitles but encourages directors to rely in good faith on corporate officers and expert advisers for advice, information, and specialized expertise.
New York Law Journal |

Can the NY Court of Appeals, Comfortable With Debate and Dissent, Foster Consensus

Andrew Denney | September 26, 2018

The New York Court of Appeals is increasingly the home of a roiling debate, with judges unafraid of airing dissents. Can the high court create consensus when it is so comfortable with airing its divisions?
Daily Business Review |Commentary

$7.5M Verdict Against Condo Association Should Have Been Prevented

Michael L. Hyman | September 26, 2018

The recent $7.5 million verdict for a St. Petersburg, Florida, condominium resident to compensate him for the injuries that he sustained in his community's hot tub is a telling example of the potential ramifications that can result when any defects in the working condition of these amenities are not properly addressed.
Delaware Business Court Insider |Commentary

Is Presumptive Text Message Searching in the Future (or Present) of E-Discovery?

James H.S. Levine and Douglas D. Herrmann | September 26, 2018

Over the past 25 years, the emergence of electronic communications has dramatically altered the landscape of discovery. As new technologies develop and become more prevalent, the scope of what is considered appropriate or necessary in e-discovery continues to evolve.
Delaware Law Weekly |News

Policymaking Role Pivotal as Panel Eyes Del. Party-Balance Mandate for Chancery, Supreme Courts

Tom McParland | September 25, 2018

Attorneys argued at length Tuesday over whether Delaware judges qualify as policymakers, which became the central focus in Delaware Gov. John Carney's appeal of a trial court decision to strike down as unconstitutional a provision of the state constitution requiring party balance on key courts.
Daily Report Online |Letter to the Editor

'These Aren't Good Numbers,' Former Chief Justice Writes About Courts' Diversity

Leah Ward Sears | September 25, 2018

Public confidence in our courts is stronger when the judiciary bears some broad resemblance to the community it serves, rather than an exclusive segment of it.
New Jersey Law Journal |News

Committee Formed to Carry Out NJ Municipal Court Reforms

Charles Toutant | September 25, 2018

The working group will hold its first meeting in the coming weeks, the judiciary said in a release.
Daily Report Online |News

Court Suspends Law License for SC Prosecutor Facing Charges

Meg Kinnard, Associated Press | September 25, 2018

State and federal authorities had been investigating the travel and spending habits of the Columbia-area solicitor, who logged more than 70 days of travel over a period of less than two years using money prosecutors said was taken from state and federal accounts holding assets forfeited by defendants in illegal drug cases.
New York Law Journal |In Brief

Upstate NY Justice Resigns After Pleading Guilty to Stealing Court Funds

Dan M. Clark | September 25, 2018

Commission Administrator Robert Tembeckjian said in a statement that the justice had lost the public's confidence to serve.
Daily Business Review |Commentary

When Is a Prevailing Party Not a Prevailing Party for Purposes of Awarding Fees?

Richard Bec | September 25, 2018

The court just entered judgment in favor of your client after prevailing on its breach of contract action. As you savor the victory, your lawyer brain begins outlining a motion for prevailing party attorney fees.
Law.Com |News

Finding Clients, Open Courts a Challenge After Hurricane Florence

Phillip Bantz | September 25, 2018

“It's going to take awhile for things to get back to normal,” one attorney said.
The Legal Intelligencer |News

Bill Cosby Sentenced to 3 to 10 Years in State Prison

Lizzy McLellan | September 25, 2018

Cosby, whose request for bail was rejected, was led from the courtroom in handcuffs after his sentencing Tuesday.
Litigation Daily |News

Pennsylvania Justices Wrangle With Whether Drug Use While Pregnant Is Child Abuse

Max Mitchell | September 25, 2018

The policy implications of whether taking a drug during pregnancy constitutes child abuse are vast and could implicate everything from the definition…
The Legal Intelligencer |News

Justices Wrangle With Whether Drug Use While Pregnant Constitutes Child Abuse

Max Mitchell | September 25, 2018

The policy implications of whether taking a drug during pregnancy constitutes child abuse are vast and could implicate everything from the definition…
Daily Business Review |News

Laws on PTSD Benefits, Animal Abuse Set to Take Effect

Jim Turner and Tom Urban | September 25, 2018

The laws taking effect Oct. 1 range from allowing credit cards to be used for background checks when firearms are purchased to doling out tougher punishment for people who steal bee colonies or trespass at airports.
New York Law Journal |News

Ex-IDC Senators Bypassed in Selections for Judicial Seats in Bronx, Brooklyn

Andrew Denney | September 24, 2018

Party leaders made their choices for open seats on the Brooklyn and Bronx courts in a time-honored political tradition that has come under widespread criticism for its lack of transparency.
Daily Report Online |News

Governor Diluted Diversity for Blacks at Appeals Courts; Women Saw Mixed Results

Jonathan Ringel | September 24, 2018

Deal expanded the Supreme Court and Court of Appeals by a total of five jurists in a series of moves that reduced the representation of blacks on those courts and women at the high court. But the proportion of women rose at the Court of Appeals.
The Legal Intelligencer |News

Security Concerns on Rise for MDJ Courts in Wake of Southwest Pa. Shooting Incident

Max Mitchell | September 24, 2018

Most of those who spoke with The Legal said they were largely satisfied with the level of security that has been provided by the court and local governments, except for one piece of equipment that is missing—metal detectors.
New Jersey Law Journal |News

Judiciary Committee Clears Ocean Prosecutor, Superior Court Nominee

Michael Booth | September 24, 2018

The New Jersey Senate Judiciary Committee recommended the approval of Bradley Billhimer, a veteran Toms River criminal defense attorney, to become the next Ocean County prosecutor, as well as the nomination of an administrative law judge to join the Superior Court bench.
The Legal Intelligencer |Commentary

Resolving Ambiguities in the Arbitration Agreement

Abraham J. Gafni | September 24, 2018

It is well-recognized that arbitration is a matter of contract, and that courts will rigorously enforce arbitration agreements in accordance with their terms. Yet, often, ambiguities require that courts apply basic principles of contract interpretation to ascertain the intent of the parties as to matters unclear in the agreement itself.
Daily Business Review |News

Ex-Justice Raoul Cantero Lands Role in Florida Supreme Court Seating Fight

Catherine Wilson | September 24, 2018

The White & Case Miami partner represents the high court's Judicial Nominating Commission, which is being sued along with Gov. Rick Scott to determine who has the power to appoint the next three justices on the seven-member court.
The Legal Intelligencer |Commentary

A Comparison of Pennsylvania State and Federal Grand Jury Procedure

Peter F. Vaira | September 24, 2018

This column discusses the major differences in state and federal grand jury procedures. This is especially important as Pennsylvania state prosecutors have increased their use of the investigating grand jury over the past five years.
New Jersey Law Journal |Commentary

In Support of Turner's Restricted License Bill

Law Journal Editorial Board | September 24, 2018

We urge the Legislature to act favorably on the proposed legislation. We can see no harm from such enactment and, in the words of Sen. Turner, "the opportunity for the poor to be put on the road to economic and social justice."
Daily Business Review |Commentary

Statute of Repose for Latent Construction Defects Extension Creates Increased Risk

Adam P. Handfinger and Nathalie Vergoulias | September 24, 2018

On March 23, Gov. Rick Scott approved House Bill 875, which amended Florida Statute Section 95.11(3)(c) by extending the Statute of Repose (the ultimate deadline to assert claims) for latent construction defect claims.
New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | September 24, 2018

Assembly committee okays NJSBA bill to end double taxation of fees
Daily Business Review |News

Doctors' Use of Drug Database Increases Amid Opioid Fight

Christine Sexton | September 24, 2018

State officials said that more than 92,000 health care providers had registered to use an electronic database that tracks patients who are prescribed controlled substances.
Legaltech News |News

Small Claims Online Dispute Resolution Launches in Utah as Lawyers Ponder Disruption

Victoria Hudgins | September 24, 2018

Online dispute resolution (ODR) for small claims court in the United States shouldn't disrupt lawyers' practices, but provide better access to people who need to settle small dollar-amount disputes, said lawyers.
Delaware Law Weekly |News

Del. Gov. Names 2 Women for New Chancery Seats as Business Court Expands

Tom McParland | September 21, 2018

Delaware Gov. John Carney has nominated Morgan T. Zurn, currently a master in Chancery, and Kathaleen S. McCormick, a corporate litigator with Young, Conaway, Stargatt & Taylor, to serve as vice chancellors on the Delaware Court of Chancery.
The Legal Intelligencer |Commentary

Many Still Unaware of 2017 Changes to Law Involving Corporate Disputes

Gavin Lentz | September 21, 2018

Any lawyer who advises clients on disputes involving corporations, LLCs, or limited partnerships needs to be aware of the significant changes that were enacted in Pennsylvania's Act 170 on Feb. 21, 2017.
Delaware Law Weekly |News

Officials Roll Out New Standards for Del. Problem-Solving Courts

Tom McParland | September 21, 2018

The Delaware judiciary announced Thursday that the state's problem-solving courts will prioritize high-risk defendants and focus on long-term recovery, as leaders adopt a set of best practices for programs across the state.
The Legal Intelligencer |Commentary

Pennsylvania's Potential Gift to American Democracy

Frances Fox Piven and Miles Rapoport | September 21, 2018

On Tuesday, the Pennsylvania Supreme Court will hear oral argument in a case of immense political consequence, regarding fairness in elections, that almost no one has heard of. Both the Fourteenth Amendment to the U.S. Constitution and the basic citizen rights enumerated in Article I of the Constitution of Pennsylvania suggest that the plaintiffs have a very strong case.
The Legal Intelligencer |Commentary

SeniorLAW Center and AARP Leverage Pro Bono to Change Systems and Lives

Karen C. Buck and Nora Dowd Eisenhower | September 21, 2018

Philadelphia's own SeniorLAW Center and AARP are developing an innovative partnership that will use the power of the city's legal community to improve the lives of senior veterans, elder abuse victims, and grandparents raising grandchildren, far too many of whom face poverty or other challenges.
New Jersey Law Journal |Analysis

NJ Modernizes Its Redevelopment Bond Financing Laws

By Stephen B. Pearlman, Adam L. Peterson and Nicole E. Charpentier | September 21, 2018

The act was a welcome addition to the redevelopment financing bar, and will hopefully unlock mechanisms for the most difficult projects in rebuilding the state's economically depressed areas.
Daily Business Review |Commentary

What Can the Law Profession Do to Prevent Mental Health Issues?

Brian L. Tannebaum | September 21, 2018

I read with interest Joe Ankus' important article on lawyers and mental health where he tells the story of the seemingly happy and relaxed lunch delivery guy, bringing him his sandwich while he toiled away at his Big Law associate desk.
Daily Report Online |News

Judge OKs Trial for Deputy Who Orchestrated Ex-Wife's Arrest for Facebook Post

R. Robin McDonald | September 20, 2018

A federal judge in Macon on Thursday refused to throw out Sandersville resident Anne King's abuse of authority lawsuit against her ex-husband—a captain in the Washington County Sheriff's Office.
New York Law Journal |News

NYC, Targeting Vacant 'Zombie' Properties, Files Suit Against Lenders Including Wells Fargo, Citi

Andrew Denney | September 20, 2018

Empowered by a recently enacted state law, the New York City government is stepping up enforcement on so-called “zombie properties,” vacant homes that are underwater on their mortgages, and has filed lawsuits against lenders holding onto five such properties in Brooklyn.
The Recorder |Expert Opinion

New WOTUS Rule Could Have Widespread Impact

Samuel L. Brown and J. Tom Boer | September 20, 2018

Since the Supreme Court's 2006 split-decision in United States v. Rapanos, successive administrations have struggled to define the extent of federal jurisdiction under the Clean Water Act (CWA).
The Legal Intelligencer |News

Judge in Cosby Case Will Stay Put as Sentencing Nears

Lizzy McLellan | September 20, 2018

Judge Steven T. O'Neill said Cosby's motion seeking his recusal was untimely and meritless.
New York Law Journal |News

Former Top Cuomo Aide Sentenced to 6 Years in Prison After Bribery Conviction

Dan M. Clark | September 20, 2018

Percoco, often referred to as Cuomo's behind-the-scenes political fixer, was convicted by a jury in March on three counts of bribery in an eight-week trial.
New Jersey Law Journal |

Grewal Names New Civil Rights Division Director

Michael Booth | September 20, 2018

Craig Sashihara, who has been in the position since 2011, is leaving to become counsel to the New Jersey Coordinator for Addiction Responses and Enforcement Strategies.
Daily Business Review |

West Palm Beach Golf Course Developer Owes Project Attorneys $185,000, Lawsuit Says

Lidia Dinkova | September 20, 2018

WPB Golf Links, the contractor picked to revitalize West Palm Beach's public golf course, faces a lawsuit from attorneys who claim they haven't been paid.
The Legal Intelligencer |Commentary

Make Business Divorce Easier—Spell Out Duties in Operating Agreement

Edward S. Robson | September 20, 2018

Closely held companies are like marriages but without the sex or kids to hold things together. And just like some marriages, closely held companies can fall apart. Sometimes these “business divorces” and the painful litigation they generate are inevitable.
The Legal Intelligencer |Commentary

Pa. High Court Rejects Appeals in Pipeline Construction Zoning Cases

Justin H. Werner | September 20, 2018

On Aug. 29, the Pennsylvania Supreme Court declined to accept discretionary appeals in two separate cases (No. 952 C.D. 2017 and No. 942 C.D. 2017) relating to the construction of the Mariner East 2 pipeline
Daily Report Online |

Judge Facing Ethics Charges Calls Judicial Watchdog Agency Unconstitutional

R. Robin McDonald | September 20, 2018

Pike County Superior Court Judge Mack Crawford is fighting back against charges accusing him of impermissibly laying claim to more than $15,000 that had been in the clerk registry for 16 years.
The Legal Intelligencer |Commentary

Expanding Incentives for Brownfield Redevelopment: What Has Changed?

Giuliano Apadula and Grant E. Nichols | September 20, 2018

The BUILD Act provides additional protections and enticements for brownfield redevelopments while prioritizing the development of renewable energy and energy-efficient projects.
Daily Business Review |Commentary

When Your Business Partner's Divorce Seems Like Your Own

Chantale L. Suttle | September 20, 2018

You may think your marriage will last forever. But do you have the same faith in your business partner's marriage? If your partner's divorce gets ugly, it can cost your business money and cause the disclosure of confidential business information.
The Legal Intelligencer |Commentary

District Court: In Employment Discrimination Cases, Context Matters

Jeffrey Campolongo | September 20, 2018

A recent constructive discharge decision from the Eastern District of Pennsylvania involving the use of the N-word highlights the importance of “factual nuances and context” in employment discrimination cases.
Daily Business Review |News

Federal Appeals Court Ready to Consider Pre-Game Prayer

Jim Saunders | September 20, 2018

The U.S. Court of Appeals for the Eleventh Circuit will hear arguments next Wednesday in a case filed by Tampa's Cambridge Christian School against the Florida High School Athletic Association.
Daily Business Review |News

ACLU Wants More Uniformity of Rules in Review of Mail-In Votes

Jim Turner | September 20, 2018

The civil rights group also warned that young voters and minorities appear to have a greater chance of having their mail-in ballots rejected, according to a report based on the 2012 and 2016 elections.
The Recorder |

Judicial Discipline Records Face First-Ever Audit After Deal Ends Dustup

Cheryl Miller | September 19, 2018

State lawmakers in 2016 ordered the first audit of the commission in its 56-year history.
Daily Report Online |News

North Georgia Judge Throws Out State House Primary Results

R. Robin McDonald | September 19, 2018

A Superior Court judge tossed the primary election results for Georgia House District 28, saying Rep. Dan Gasaway presented sufficient evidence to call the election results into question.
New Jersey Law Journal |News

Morris County, Churches Ask US Supreme Court to Take Up Preservation Grants Case

Michael Booth | September 19, 2018

The New Jersey Supreme Court ruled in April that awarding historic preservation grants to the churches violated the state constitution.
The Legal Intelligencer |

One Dead, Multiple Injured in Shooting at Pa. MDJ Office

Max Mitchell | September 19, 2018

Several people are injured and one person is dead following a shooting at a Fayette County magisterial district court judge's office Wednesday afternoon, according to the state police and several local media outlets.
New York Law Journal |News

Former Spotify Exec Alleges in Suit That Company Puts Up With Bias Toward Women

Andrew Denney | September 19, 2018

Former sales executive Hong Perez said during her time with the company she became increasingly concerned about its culture with regard to how women are treated.
Daily Report Online |News

Secretary of State, Election Board to Appeal Paper Ballot Ruling

R. Robin McDonald | September 19, 2018

State officials are appealing the ruling, arguing the suit should be dismissed because they are immune from liability.
Delaware Business Court Insider |Commentary

Del. Discovery Updates 2018: Little Tolerance for Failure to Adhere to Deadlines

Chaney Hall | September 19, 2018

Both the Delaware Court of Chancery and the Delaware Superior Court emphasize that discovery must proceed in a timely manner in accordance with the scheduling order entered by the court. Litigants who delay in bringing their discovery disputes before the court may find themselves without a remedy.
Daily Business Review |Commentary

New Private Beach Access Law Attempts to Clarify Possession of Real Property

Alessandra Stivelman | September 19, 2018

One of the many perks of living in the Sunshine State is our beaches. Access to the ocean is often from a public park and has long been viewed as a public amenity and free natural resource for both residents and visitors.
Daily Business Review |News

Galvano, NRA Clash Over Anti-Gun Political Contribution

Jim Turner | September 19, 2018

Incoming Senate President Bill Galvano pointed to the Feb. 14 mass shooting at Parkland's Marjory Stoneman Douglas High School that killed 17 people.
New York Law Journal |News

Catholic Diocese of Brooklyn Agrees to Record $27.5M Settlement With Sex Abuse Victims

Andrew Denney | September 18, 2018

In one of the biggest settlement agreements reached in New York for survivors of sexual abuse in the Catholic Church, the Roman Catholic Diocese of Brooklyn has agreed to pay $27.5 million to four persons who alleged they had been abused as children by a volunteer at the St. Lucy-St. Patrick's church in Brooklyn, the plaintiffs' lawyers in the case said Tuesday.
New York Law Journal |News

State AG Refers 3 Virtual Currency Trading Platforms to DFS for Investigation

Dan M. Clark | September 18, 2018

The report itself found significant holes in a market that still remains widely unregulated despite the state's efforts.
New Jersey Law Journal |News

Murphy Nominates New Ocean County Prosecutor

Michael Booth | September 18, 2018

Democrat Bradley Billhimer, a veteran Toms River criminal defense lawyer, would succeed Joseph Coronato, a Republican holdover whose five-year term expired in March.
The Legal Intelligencer |

2018 GC Compensation

The Legal Intelligencer | September 18, 2018

In the Legal's GC Compensation supplement, find out how General Counsel fare across the state and read how new "Smaller Reporting Company" rules could affect compensation in the near future.

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