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By Brian Lee | April 25, 2024
Chief Judge Rowan Wilson said that he has told appellate division jurists to simply send the court a case if he or she believes that it is worthy, and not worry about burdening the court's docket.
5 minute read
By Aleeza Furman | April 25, 2024
The defendant claimed that the case "hinges on a fundamental constitutional issue that has implications far beyond the professional liability context: whether a trial court can prioritize run-of-the-mill, non-constitutional scheduling concerns over a litigant's constitutional right to freely exercise his religious beliefs."
4 minute read
By Alex Anteau | April 24, 2024
"Peach County never had a Certificate of Need case presented to them beforehand, and yet that judge is trying to decide whether to look at what the hearing officer said was dispositive," the appellants argued.
6 minute read
By Colleen Murphy | April 24, 2024
"Indeed, the judge's opinion was silent as to Susana's direct claim against the Bergen defendants," the opinion said. "Instead, the judge focused on Alfredo's allegation the Palisades defendants compelled him to 'reuse masks and gowns' and whether Susana could prove her injuries were proximately caused thereby. In the absence of an analysis of Susana's allegations, we are unable to engage in meaningful review."
4 minute read
By Riley Brennan | April 24, 2024
In separate rulings by the U.S. Court of Appeals for the First Circuit and the Eastern District of Virginia, both judges ruled in favor of Otis Elevator Co. after the plaintiffs in each suit were injured in hotel elevators and attempted to hold the company accountable for negligence.
6 minute read
By Louis Locascio | April 24, 2024
"Does the mode of operation rule apply where customers wait on themselves after being served by an employee?" writes former Superior Court Judge Louis Locascio.
7 minute read
By Aleeza Furman | April 23, 2024
Appellate lawyers who spoke with The Legal said there is not a clear reason for the drop-off, but the change could be linked to the type of cases the justices are taking up.
5 minute read
By Brian Lee | April 23, 2024
The Empire State's attorney countered by painting the New York Civil Liberties Union's request for 20 years' of state troopers' disciplinary records as "unduly burdensome," while estimating that it would take a full-time employee working on nothing else about 22 years to respond, and a part-time employee more than 40 years.
4 minute read
By Colleen Murphy | April 23, 2024
"K.L.F. and P.M. both express sound reasoning in reaching their respective rulings, making our decision a close call," Judge Thomas W. Sumners Jr. wrote. "We, however, conclude, as did K.L.F. and the trial court, that a public entity is not immune from the sanctions that can be imposed under the FLS."
4 minute read
By John M. Baker and Katherine M. Swenson | April 23, 2024
The Eighth Circuit recently affirmed the Western District of Missouri's denial of summary judgment based on qualified immunity to two individual defendants who had been sued for First Amendment retaliation under Section 1983.
6 minute read
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