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By Jimmy Hoover | April 22, 2024
The U.S. Supreme Court will consider whether a party "must obtain a ruling that conclusively decides the merits in its favor," rather than just a preliminary injunction, to obtain attorney fees in a civil rights suit.
4 minute read
By Riley Brennan | April 22, 2024
"The complaint alleged that, after investigating whether the company would continue to employ a medical marijuana cardholder, WMP concluded it would not," Judge Mary P. Murray wrote for the 2-1 majority. "The complaint specifically alleged that WMP terminated appellant not because of the positive drug test, but because he was a medical marijuana cardholder."
3 minute read
By Allison Dunn | April 19, 2024
David A. Goldman, a member of Norman Hanson DeTroy in Portland, who represented the McDonald's franchise owner, said the court's ruling was a matter of common sense to ensure the law "properly incentives the right kind of behavior" from employers.
5 minute read
By Riley Brennan | April 19, 2024
The wife, also an attorney, argued that the trial court erred in applying a fertility clinic's declaration of intent contract without balancing the parties' interests when determining the proper disposition of the 14 frozen embryos.
6 minute read
By Emily Cousins | April 19, 2024
Gary J. Greene of Greene Law, counsel for the plaintiff, said, "This is a seismic change. … The court has always taken the position that it's the litigant's duty to provide the court with the correct information so they can make a decision. The dissent points that out. Counsel didn't file a motion for articulation, which could have easily been done."
4 minute read
By Emily Saul | April 19, 2024
The Appellate Division, First Department on Thursday remitted negligence claims over destroyed embryos to the trial court, but upheld the dismissal of medical malpractice claims.
3 minute read
By Mason Lawlor | April 19, 2024
Giuliani targeted poll workers Ruby Freeman and Wandrea "Shaye" Moss of Fulton County, Georgia, stating to Georgia lawmakers in a committee of the state Legislature that Freeman and Moss were shown in a video circulating online "surreptitiously passing around USB ports," allegedly manipulating voting results.
3 minute read
By Avalon Zoppo | April 19, 2024
"If there is not a robust pipeline of decisions going up and coming down where the appellate courts are providing guidance to trial judges, then the consequence is oftentimes a lot of wasted time," said attorney Ryan Baker.
7 minute read
By Jimmy Hoover | April 18, 2024
"There used to be a time when we had a good chunk of a summer break," Justice Sonia Sotomayor said. "Not anymore. The emergency calendar is busy almost on a weekly basis."
7 minute read
By Colleen Murphy | April 18, 2024
"Although I wish the dissent's reasoning had prevailed, what seems clear is that when CPANJ's records are in the hands of a prosecutor or other public agency, they can likely still be obtained that way," CJ Griffin, director of the Justice Gary S. Stein Public Interest Center at Pashman Stein Walder Hayden, said in a statement emailed to the Law Journal. "It will just take much more time and effort to track down which of the 21 prosecutor offices holds a particular document."
6 minute read
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