The Legal Intelligencer | Commentary
By Cliff Rieders | May 6, 2024
The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
By Colleen Murphy | May 3, 2024
"If we had the 'Ferreira' conference, which this court says is a 'backstop,' this would not have happened," said Christina Vassiliou Harvey of Lomurro Munson, who served as pro bono counsel to the plaintiff. "We would have avoided all of this if there was just a conference and an explanation."
New York Law Journal | Expert Opinion
By Cynthia Feathers | May 3, 2024
A discussion of the common threshold pitfalls to avoid under the Family Court Act, as well as under CPLR provisions that apply to Family Court cases and appeals pursuant to Family Ct Act §§165 (a) and 1118. It suggests seven questions counsel should consider upon entry of an adverse order in Family Court.
By Alex Anteau | May 2, 2024
Defendant-appellant counsel Matt Friedlander said waiving the Civil Practice Statute was "a legally inert proclamation … like Michael Scott standing up and saying 'I declare bankruptcy.' It's funny, but it doesn't mean anything."
By Charles Toutant | May 2, 2024
"What they're telling us now is it's not impossible for New Jerseyans to comply with both the Controlled Substances Act and CREAMMA. Nearly every act that an individual or a cannabis business might undertake pursuant to CREAMMA will still subject them to exposure under federal law. And that's kind of where the court hangs its hat," said Ryan Magee of McCarter & English.
Connecticut Law Tribune | News
By Emily Cousins | May 2, 2024
The case law "[examining] the contours of the making, validity, or enforcement test" in foreclosure cases is fairly new, according to the Connecticut Supreme Court.
New Jersey Law Journal | Commentary
By Iram P. Valentin | May 2, 2024
"The entry of summary judgment in New Jersey civil cases is very rare. Should that be the case, though?" writes Iram P. Valentin of Kaufman Dolowich.
The Legal Intelligencer | News
By Aleeza Furman | May 2, 2024
According to claimant Mark Schmidt, the court's phrasing of the question was broader than what his employer raised in its appeal, expanding the issue to encompass an employer's duty to reimburse injured workers for not just CBD oil, but any type of over-the-counter item.
By Avalon Zoppo | May 1, 2024
The challenge to the program seems to be a part of a larger legal strategy to create a circuit split, thus increasing chances of U.S. Supreme Court review, said Andrew Twinamatsiko, director of the Health Policy and the Law Initiative at the O'Neill Institute.
By Alex Anteau | May 1, 2024
"I don't know that we really should care about policy," said Presiding Judge Stephen Dillard. "It's only what the statute says, and you may be right on that, you may not be right on that, but that's what I'm not getting."
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