New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | April 17, 2023
Following motions to compel arbitration, Judge Engelmayer held in Yost that the EFAA does not invalidate an arbitration agreement unless the plaintiff pleads a cognizable sexual harassment claim that is sufficient to survive a Rule 12(b)(6) motion to dismiss. Judge Engelmayer further held in Johnson that that if a plaintiff pleads a cognizable sexual harassment claim, the EFAA precludes arbitration of all claims in the case, not just the sexual harassment claim, writes contributors Edward M. Spiro and Christopher B. Harwood.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | April 17, 2023
Lawyers regularly must consider where to litigate a dispute: federal or state court; what state/venue; court or arbitration?
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | April 17, 2023
The Appellate Division held that the failure of the parties to execute a written agreement before the conclusion of a voluntary mediation precluded its enforcement.
By Jason Grant | April 17, 2023
The decision reversed a state trial court that had allowed the lawyer to ultimately request and waive the man's in-person appearance in 2021, even as he said repeatedly that day over video feed that he wanted to be present in person.
By Riley Brennan | April 17, 2023
Joining several other state and federal decisions from around the country, the Arizona Court of Appeals ruled that the COVID-19 pandemic and subsequent state restrictions and shutdown orders were not excuses for tenant Fitness International to miss their rent payments to its landlord Vereit Real Estate under its commercial lease.
By Jane Wester | April 17, 2023
U.S. District Judge Lewis Kaplan ruled that there was "no justification" for such an adjournment in the civil case. Trump's lawyers said blanket coverage of his indictment could taint the jury pool.
The Legal Intelligencer | News
By Riley Brennan | April 17, 2023
The Pennsylvania Superior Court vacated a lower court's decision ordering an inmate to pay nearly $90,000 in restitution to the jail, after determining the jail didn't qualify as a victim.
By Riley Brennan | April 17, 2023
The West Virginia Supreme Court of Appeals dismissed the Commissioner of the West Virginia Division of Motor Vehicles' claims that the Office of Administrative Hearings erred in refusing to give weight to diagnostic blood test results for the purposes of an aggravated DUI enhancement.
By Riley Brennan | April 14, 2023
West Virginia's highest court dismissed correctional officers' petition for qualified immunity, agreeing with a plaintiff-prisoner that his claims of excessive force against the officers should be heard by a jury.
By Jane Wester | April 13, 2023
Trump's attorneys have tried twice this week to delay the trial, which is set to begin April 25. But Judge Lewis Kaplan refused to budge on that date.
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