Anthony Michael Sabino

June 02, 2020 | New York Law Journal

It is difficult to imagine a stranger juxtaposition than the #MeToo movement and federal securities law. The paramount goal of each is to right egregious, albeit different, wrongs, which may explain why they came together in 'Construction Laborers Pension Trust for Southern California v. CBS'. This case provides a cogent exposition of the maxims of pleading securities fraud, specifically in the context of supposed misstatements with regard to corporate ethics.

By Anthony Michael Sabino

9 minute read

February 18, 2020 | New York Law Journal

A discussion of two constitutional principles which have been paramount in the latest challenge to the health care law's constitutionality: Congress' power to levy taxes, and the doctrine of severability.

By Anthony Michael Sabino and James N. Sabino

9 minute read

July 02, 2019 | New York Law Journal

In reviewing 'Lamps Plus', our foremost observation is that this newly minted decision stands on solid ground.

By Anthony Michael Sabino

11 minute read

January 23, 2019 | New York Law Journal

When the U.S. Supreme Court validated the Patient Protection and Affordable Care Act the common belief was that the controversy over the constitutionality of the nation's health insurance law was at an end. Few contemplated what might happen if the exaction enforcing the individual mandate was ever removed. That question is now upon us.

By Anthony Michael Sabino and James N. Sabino

9 minute read

June 05, 2018 | New York Law Journal

Epic is notable, not only for its precise enforcement of the agreements to arbitrate, but also for the valuable lessons it imparts regarding statutory construction and judicial restraint.

By Michael A. Sabino and Anthony Michael Sabino

9 minute read

May 24, 2017 | New York Law Journal

Anthony Michael Sabino writes that the recent Chapter 11 filing of Westinghouse Electric is virtually assured of being no ordinary bankruptcy case: It is one of the few builders of nuclear reactors in the world. The critical technology that Westinghouse holds, while ostensibly devoted to peaceful purposes, could, in the wrong hands, be perverted to dreadful ends.

By Anthony Michael Sabino

16 minute read

March 01, 2016 | New York Law Journal

Anthony Michael Sabino and Michael A. Sabino write: The law is replete with its own little ironies, and the U.S. Supreme Court has just delivered one in the form of 'Campbell-Ewald Inc. v. Gomez'.

By Anthony Michael Sabino and Michael A. Sabino

12 minute read

June 01, 2015 | New York Law Journal

Anthony Michael Sabino and Michael A. Sabino write that Rule 68 is one of the more innocuous provisions of the FRCP, permitting a defendant, prior to trial, to make an offer to have a judgment entered against it to avoid the risks of trial yet conclude the litigation on terms acceptable to both sides. Yet notwithstanding its goal of amity, today Rule 68 is the eye of a storm brewing between at least two directly conflicting decisions.

By Anthony Michael Sabino and Michael A. Sabino

11 minute read

May 31, 2015 | New York Law Journal

Anthony Michael Sabino and Michael A. Sabino write that Rule 68 is one of the more innocuous provisions of the FRCP, permitting a defendant, prior to trial, to make an offer to have a judgment entered against it to avoid the risks of trial yet conclude the litigation on terms acceptable to both sides. Yet notwithstanding its goal of amity, today Rule 68 is the eye of a storm brewing between at least two directly conflicting decisions.

By Anthony Michael Sabino and Michael A. Sabino

11 minute read

July 12, 2001 | Law.com

The lack of a viable cause of action for redressing criticisms made of businesses in the press was brought home in the 7th U.S. Circuit Court of Appeal case, Wilkow v. Forbes Inc.The court held that a businessman could not maintain a defamation action against Forbes, no matter how offended he was by the writer's scathing criticism of his actions in a landmark bankruptcy case.

By Anthony Michael Sabino and Mary Jane C. Sabino

9 minute read