The Legal Intelligencer | Commentary
By James M. Beck | May 23, 2024
A new trial (whether by motion, necessitated by a mistrial, or ordered on appeal) certainly defeats law of the case. The slate-wiping function of a new trial means that the law-of-the-case doctrine is "misplaced."
By Jimmy Hoover | May 23, 2024
"Where, as here, parties have agreed to two contracts—one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts—a court must decide which contract governs," Justice Ketanji Brown Jackson wrote.
By Riley Brennan | May 23, 2024
"We conclude that the District Court judge erred in holding that G. L. c. 218, § 19A, constrains a court from looking beyond a plaintiff's initial statement of damages in assessing whether there is a reasonable likelihood that recovery by the plaintiff will exceed $50,000. Rather, the statute requires the court to consider the nature of the action itself—and thus the complaint then before the court," Associate Justice Elizabeth N. Dewar wrote on behalf of the SJC.
By Andrew Denney | May 22, 2024
This ruling was selected and summarized by the New York Law Journal's decision editors.
Connecticut Law Tribune | News
By Emily Cousins | May 22, 2024
"This is 10 years after that election happened before we got this result," plaintiffs' counsel Charles Miller of the Institute for Free Speech said.
Delaware Business Court Insider | News
By Ellen Bardash | May 22, 2024
Counsel for AMC said court interference might hinder the possibility of the Chancery court ever again certifying a shareholder class that didn't vote unanimously on an issue.
The Legal Intelligencer | News
By Riley Brennan | May 22, 2024
"In light of the unique circumstances of this case, the trial court's decision to grant appellees' motion for a new trial was based on careful observation of the proceedings and thoughtful consideration of the parties' interests and their arguments," Judge Dubow said.
By Avalon Zoppo | May 21, 2024
"[W]e cannot plausibly interpret statutory silence to subject manufacturers to whatever delivery conditions any covered entity might find most convenient," Judge Gregory Katsas wrote for the appeals court.
By Brian Lee | May 21, 2024
The 7-0 Court of Appeals ruling, written by Chief Judge Rowan Wilson, rejected a claim by a coalition of churches and religious organizations that had challenged the rule of the Department of Financial Services as violative of the First Amendment.
By Colleen Murphy | May 21, 2024
"Applying the definitions suggested by the court in 'Krevics' to the present matter, we discern no basis in the record to conclude defendants acted maliciously or willfully in failing to lower the cable on their commercial property when plaintiff did not have defendants' express consent to operate his dirt bike on their property," Judge Lisa Rose said.
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