Gary Young

July 31, 2002 | The Legal Intelligencer

The procession of huge bankruptcy cases filed recently reveals a significant trend for U.S. bankruptcy courts and venue selection. After a decade-long dalliance with the U.S. Bankruptcy Court in Wilmington, Del., bankruptcy lawyers and their clients are once again favoring the Southern District of New York.

By Gary Young

6 minute read

July 31, 2002 | New York Law Journal

THE PROCESSION of huge bankruptcy cases filed recently reveals a significant trend for U.S. bankruptcy courts and venue selection. After a decade-long dalliance with the Bankruptcy Court in Wilmington, Del., bankruptcy lawyers and their clients are once again favoring the Southern District of New York.

By Gary Young

6 minute read

August 21, 2003 | Law.com

Stung by the reversal of their $145 billion judgment against the tobacco industry, Miami attorneys Susan and Stanley M. Rosenblatt have fired back. "Over 86% of the Panel Opinion was authored by the tobacco industry," they charge in their motion asking the panel of the Florida 3rd District Court of Appeal to reconsider. But experts say there is little support for the Rosenblatts' argument that "judicial plagiarism" is by itself ground for reversal.

By Gary Young

5 minute read

September 13, 2002 | Law.com

A pair of decisions that send a mixed message about the right of municipal utilities to enter the telecommunications arena must have the FCC scratching its head. The 8th U.S. Circuit Court of Appeals' ruling that Missouri may not prohibit its municipalities from providing telecommunications services flies in the face of a 1999 D.C. Circuit case which held that Texas may keep its municipalities out of the telecommunications fray.

By Gary Young

4 minute read

August 18, 2003 | Law.com

If First Amendment law keeps to its present course, you may soon see an end to ads that say, "Beef. It's what's for dinner!" Last month, the 8th U.S. Circuit Court of Appeals declared unconstitutional the Beef Promotion and Research Act of 1985 because it mandates that beef producers give money to an advertising campaign that some object to. The decision marks the first time a circuit court has considered the "government speech" doctrine in that context.

By Gary Young

5 minute read

November 17, 2003 | The Legal Intelligencer

High hopes are riding on the HMO liability cases that the U.S. Supreme Court agreed to review last week.

By Gary Young

9 minute read

March 08, 2004 | Law.com

Under the Bush administration, the U.S. Food and Drug Administration (FDA) has adopted a novel legal strategy that would, if successful, leave many consumers claiming injury from pharmaceuticals or medical devices with no recourse to tort law, critics and attorneys charge. That strategy is pre-emption, basically the nullification of state actions that conflict with or supplement FDA decisions.

By Gary Young

9 minute read

May 20, 2003 | Law.com

While the FTC continues to step up its enforcement efforts against spam, experts believe that existing legal tools are insufficient for the task. There is also a consensus that a national solution is needed, but there is disagreement about what form new legislation should take. Some, like Professor David E. Sorkin of The John Marshall Law School, believe that all unsolicited commercial e-mail should be banned, regardless of content.

By Gary Young

6 minute read

August 10, 2001 | Law.com

Victims of housing discrimination have a direct claim on the personal assets of business owners and officers whose employees were at fault and need not go through the usual hurdles to pierce the corporate veil, the 9th U.S. Circuit Court of Appeals ruled July 31. The decision opens the way for a mixed-race couple and a home builder to seek compensation under the Fair Housing Act from the founder of a realty agency.

By Gary Young

3 minute read