The Legal Intelligencer | Commentary
By Howard J. Bashman | April 3, 2023
I would urge the calm, cool, and collected approach as one that is likely to be more successful than an approach that simply seeks to steamroll any impediment that might stand in one's way as the result of tough questioning from the judges.
By Riley Brennan | April 3, 2023
"Because the plaintiffs did not proffer admissible evidence on damages, summary judgment should have entered for the defendants," the court said.
New Jersey Law Journal | Commentary
By Carl P. Sartori | April 3, 2023
Unlike the sheriff, where it takes days and sometimes weeks to serve a document, the private sector outperforms sheriff 10 to 1.
By Riley Brennan | March 31, 2023
"Here, we agree with the estate that instruction sixteen as presented to the jury misled the jury by its phrasing. By omitting the operative 'if/then; language from the proposed instruction, the instruction transformed from an instruction asking the jury to decide whether an alternative approved method of treatment was used (which, if so found, would preclude a negligence finding) to an instruction directing the jury that Cloos did employ an alternative approved method of treatment and was not negligent," Judge Paul B. Ahlers wrote.
By Jason Grant | March 31, 2023
The appeals court said it was "readily apparent" a judge had tossed out the lawsuit based on a mediator documenting "egregious" behavior by plaintiff's nonparty representative, but that "plaintiff was never apprised of any ADR rule" that she'd purportedly broken, and she wasn't "given any opportunity to refute or otherwise respond to the allegations in the mediator's email."
New York Law Journal | Analysis
By Christopher R. Theobalt and Timothy R. Capowski | March 31, 2023
The actual rule is that set out in 22 NYCRR Section 202.42(a), which instructs that, "judges are encouraged to order a bifurcated trial of the issues of liability and damages in any action for personal injury where it appears that bifurcation may assist in a clarification or simplification of issues and a fair and more expeditious resolution of the action." Thus, bifurcation is the rule nowhere but is the highly encouraged policy everywhere—even in the First Department.
By Amanda Bronstad | March 31, 2023
On Tuesday, the Advisory Committee on Civil Rules recommended the first rule to govern multidistrict litigation. Rule 16.1 now goes to a standing committee, which could hear public comments in August.
The Legal Intelligencer | News
By Riley Brennan | March 30, 2023
"We recognize that 'Preston' has been effectively overruled by intervening Supreme Court precedent, and thus we hold that, under Pennsylvania law, conspiracy to commit robbery does not constitute a 'crime of violence' for purposes of the career offender enhancement," the appeals court said.
The Legal Intelligencer | News
By Riley Brennan | March 30, 2023
"Dr. Bennett's use of Southwest's data to identify class members and create a damages methodology is sufficiently relevant to the questions of commonality and predominance and will assist the court in evaluating the merits of plaintiffs' motion for class certification," the court said.
By Amanda Bronstad | March 29, 2023
On Tuesday, the Advisory Committee on Civil Rules recommended the first rule to govern multidistrict litigation. Rule 16.1 now goes to a standing committee, which could hear public comments in August.
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