New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | July 16, 2024
The Court of Appeals recently handed down a significant decision that clarified the choice-of-law principles governing alleged breaches of fiduciary duties in international business disputes. The case questioned whether Scottish law or New York law should govern the fiduciary duty claims that arose from the merger.
By Sulaiman Abdur-Rahman | July 15, 2024
The majority opinion for the D.C. Circuit upheld a National Labor Relations Board administrative order, but Judge Neomi Rao in a dissenting opinion described the administrative order as "arbitrary and capricious and unsupported by substantial evidence."
The Legal Intelligencer | News
By Riley Brennan | July 15, 2024
"We disagree with our sister circuit court's comparison of college athletes to prisoners and refuse to equate a prisoner's involuntary servitude, as authorized by the Thirteenth Amendment, to 'the long-standing tradition' of amateurism in college athletics," Restrepo said.
The Legal Intelligencer | Commentary
By Cliff Rieders | July 12, 2024
The trial court's decision not to award treble damages due to the award of punitive damages and attorney fees was not an exercise of discretion. It was a refusal to exercise discretion, resulting from an erroneous misapplication of the law.
By Avalon Zoppo | July 12, 2024
The Second Circuit sent the case back to the district court to weigh issuing a preliminary injunction.
The Legal Intelligencer | News
By Riley Brennan | July 11, 2024
The court vacated a $5 million attorney fee award in favor of the company, Lontex, after a jury awarded the company over $500,000 in compensatory and punitive damages in its suit against Nike and its use of the phrase "Cool Compression."
By Brian Lee | July 11, 2024
The top court said it dismissed the appeal by Senate Republican Minority Leader Robert Ortt, R-Lockport, on the basis that he and other appellants were not aggrieved parties.
By Colleen Murphy | July 11, 2024
"In this case, because plaintiffs clearly and unambiguously waived their right to maintain a class action and the lease contract is not unconscionable as a matter of law, we hold that it is enforceable," Justice Fabiana Pierre-Louis wrote for the court.
By Avalon Zoppo | July 10, 2024
The council is charged with creating fishery management plans for regulating fisheries, which the U.S. commerce secretary reviews for legality and then decides whether to adopt a regulation to implement the plan.
By Marianna Wharry | July 10, 2024
"It really doesn't make any sense, in terms of judicial efficiency, to pause a case for an interlocutory appeal on a summary judgment motion when the trial is going to be completed this year," said Michelle C. Yau, chair of Cohen Milstein's Employee Benefits/ERISA practice. "What they were asking for was trying to fit a square peg in a round hole."
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