By Riley Brennan | July 29, 2024
"If we permitted the fee award here to stand, it would mean that counsel could make $7,000 to $9,500 an hour, which we think no reasonable class member would willingly pay to an attorney to help resolve this claim, especially when, as here, dozens of other attorneys were offering their assistance," said Judge Morris S. Arnold. "Reducing the fee award to, say, half of what was requested (resulting in fees of $3,500 to $4,750 per hour) could hardly be considered a penalty."
By Sulaiman Abdur-Rahman | July 29, 2024
The appeals court rejected the USDA's strict-liability interpretation because the Supreme Court "precludes us from deferring to the Department's interpretation under the now-overruled 'Chevron' framework," Chief Judge Sri Srinivasan wrote for the D.C. Circuit.
By Allison Dunn | July 29, 2024
"Mr. Berkheimer suffered catastrophic injuries from a bone contained in a menu item unambiguously advertised as 'boneless' at every level of commerce. All we asked is that a jury be able to make a commonsense determination as to whether he should be able to recover for his injuries. But the court's majority ruled otherwise, simultaneously denying him that opportunity, and rendering the word 'boneless' completely meaningless," said plaintiff's counsel, Robb S. Stokar, a Cincinnati attorney at Stokar Law.
By Allison Dunn | July 29, 2024
"Mr. Berkheimer suffered catastrophic injuries from a bone contained in a menu item unambiguously advertised as 'boneless' at every level of commerce," said plaintiff's counsel, Robb S. Stokar.
By Avalon Zoppo | July 29, 2024
"The officers' alleged conduct amounts to a clear-cut constitutional violation that would easily withstand a motion to dismiss in a § 1983 case," Judge Roger Gregory wrote for the court.
Connecticut Law Tribune | News
By Emily Cousins | July 29, 2024
"Juries can be fickle, and if you have to try nine cases nine times, you may get nine different results," Peter Bowman, a personal injury lawyer for BBB Attorneys, said.
By Jimmy Hoover | July 26, 2024
Since 2012, Gupta Wessler has become a mainstay of the Supreme Court bar, and has continued to rack up victories on behalf of consumers and workers even after the court was transformed with the addition of three conservative Trump appointees.
By Colleen Murphy | July 26, 2024
"We are thrilled that the Third Circuit rejected the challenges to the 2023 Temporary Workers' Bill of Rights, which provide much-needed labor protections to some of our most vulnerable workers," a spokesperson for the New Jersey Office of the Attorney General said in a statement to the Law Journal. "We look forward to continuing to defend this law and to stand up for New Jersey workers in court."
By Emily Saul | July 26, 2024
A lower court last year dismissed plaintiff's claim of intentional infliction of emotional distress, after defendants argued the claim was duplicative of the negligence claims because they were underpinned by the same set of facts. But the Appellate Division, First Department found the claims to be legally distrinct.
By Riley Brennan | July 26, 2024
The reversal comes following the U.S. Supreme Court's decision holding that employees don't need to "show that the injury satisfies a significance test" when bringing Title VII discrimination claims.
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