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Mitchell

Mitchell

April 27, 2007 | Daily Report Online

Appeals panel denies stay of execution for Ala. Inmate

MOBILE, Ala. AP - A three-judge federal panel Friday denied a stay of execution for Alabama death row inmate Aaron Jones, who is scheduled to die May 3 by lethal injection for two killings more than 28 years ago.His attorneys had asked the U.S. 11th Circuit Court of Appeals in Atlanta to block the execution until a lower court hears another prisoner's challenge to lethal injection.

By Garry Mitchell

5 minute read

December 17, 2012 | New York Law Journal

What's Wrong With the Financial System?

In his Domestic Banking column, Clyde Mitchell, professor of Financial Services Regulatory Law at Fordham law School, writes that Gramm-Leach-Bliley Financial Services Modernization Act and the Glass-Steagall Act have been the most important pieces of financial services legislation since the Great Depression; however, they are very different in their effect and goals, as was the legislative process that created them and the environment that existed at the time.

By Clyde Mitchell

11 minute read

October 16, 2013 | New York Law Journal

Financial Covenants in Non-Recourse Carveout Guaranties

In their Transactional Real Estate column, Mitchell L. Berg, Peter E. Fisch and Manuel E. Lauredo of Paul, Weiss, Rifkind, Wharton & Garrison discuss non-recourse carveout guaranties in commercial real estate loans, advising that special attention be paid to the drafting of net worth and liquidity provisions in non-recourse carveout guaranties to ensure that each party's objectives are achieved.

By Mitchell L. Berg, Peter E. Fisch, Manuel E. Lauredo

11 minute read

July 11, 2005 | National Law Journal

Class Action Certification

In Hanover Shoe v. United Shoe Machinery Corp., the U.S. Supreme Court defined antitrust legal injury without regard to actual economic injury. Courts are beginning to address whether the Hanover Shoe fiction of antitrust injury is sufficient to withstand the class action analysis of Fed. R. Civ. P. 23(a)(4). At its most fundamental level, the tension questions the continued vitality of antitrust class actions.

By Mitchell W. Berger and Ren� D. Harrod

8 minute read

July 03, 2013 | National Law Journal

Judicial Minimalism is Alive and Well on the Roberts Court

The Supreme Court's recent decisions on affirmative action, voting rights and gay marriage have sparked a heated debate about discrimination in America and the Court's role in deciding the most important issues of the day.

By Artemus Ward and J. Mitchell Pickerill

8 minute read

September 10, 2013 | The Legal Intelligencer

Ambiguous Auto Policy Renders Household Exclusion Unenforceable

The definition of the word "you" in the household exclusion section of Harleysville Insurance's excess underinsured motorist policy is too ambiguous, a Blair County judge has found.

By Max Mitchell

5 minute read

November 02, 2011 | New York Law Journal

Cracks in the 'Chubb' Doctrine: Is the Decision Still Good Law?

Vincent Gerbino, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that the question as to whether a breach of a condition precedent to coverage is a lack of coverage defense that is exempt from preclusion is of vital importance to no-fault insurers and medical providers alike.

By Vincent Gerbino and Mitchell S. Lustig

12 minute read

July 29, 2013 | New York Law Journal

A Discussion of Lingering Gender Bias in Matrimonial and Family Law

Blank Rome's Meg Canby and Dylan Mitchell discuss whether or not gender assumptions and biases remain in the practice of matrimonial and family law, from custody issues to the calculation of spousal support.

By Meg Canby and Dylan Mitchell

14 minute read

October 04, 2013 | Law.com

Ex-Congressman Suspended for Five Years by Justices

A former congressman and state auditor general, who has accused federal judges of malfeasance, misconduct and abuse of power, has been suspended from practice for five years.

By Max Mitchell

4 minute read

October 12, 2011 | New York Law Journal

Living Wills and Too Big to Fail

In his Domestic Banking column, Clyde Mitchell, adjunct professor of banking law at Fordham Law School, discusses the plans for a rapid and orderly shutdown that large, complex financial companies and others must prepare in case they fail, and asks whether Dodd-Frank's requiring of these "living wills" is a worthwhile approach.

By Clyde Mitchell

11 minute read