By Riley Brennan | February 22, 2023
"The initial deal that plaintiffs' counsel struck with Altria amounted to a façade, and the court will not credit plaintiffs' counsel for their skill and experience where plaintiffs' counsel failed to bring those qualities to bear in the negotiation process," said U.S. District Judge David Novak of the Eastern District of Virginia.
By Brad Kutner | February 22, 2023
"If this were a criminal case I think it's clear there wouldn't be aiding and abetting liability. [It] requires the intention of causing a crime to be committed and that's not alleged here," said Justice Samuel Alito.
By Riley Brennan | February 22, 2023
"Although institutional delay weighs less heavily against the State than deliberate or negligent delay, the Constitution cannot tolerate an infinite amount of it," the court said.
By Majed Nachawati and Michael Gorwitz | February 22, 2023
Unfortunately, Johnson & Johnson is not the only financially stable corporation to attempt to use bankruptcy system to evade liability rather than as a good faith attempt to place itself back on sound financial footing.
By Corinne Ball | February 22, 2023
In her latest Distress M&A column, Corinne Ball discusses the recent decision in 'Elec. Reliability Council of Texas v. Just Energy,' which she believes participants in state-regulated industries, such as utilities, should pay special attention to. The decision, ordering abstention, "raises the possibility that a state-regulated debtor may face real challenges in a reorganization if it seeks to dramatically alter its obligations to a state or quasi-state agency."
The Legal Intelligencer | Commentary
By The Young Lawyer Editorial Board | February 22, 2023
Let's set the record straight. There are no "usual stipulations" that apply to depositions.
Connecticut Law Tribune | News
By Emily Cousins | February 21, 2023
"The relationship between a pet owner and pet does not meet the 'closely related' element of 'Clohessy,' as that case appears to restrict this element to the close relationship between a parent and a child or between siblings," the decision said.
New York Law Journal | Expert Opinion
By Edward M. Spiro and Christopher B. Harwood | February 21, 2023
In recognition of a century-old practice, the U.S. Supreme Court in Grable & Sons Metal Products v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), applied the "substantial federal question doctrine" to uphold the removal to federal court of a case that absent application of the doctrine would not have been subject to removal, contributors Edward M. Spiro and Christopher B. Harwood write.
By ALM Staff | February 21, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Adam R. Shaw and Jenna C. Smith | February 21, 2023
In this edition of their Northern District Roundup column, Adam Shaw and Jenna Smith discuss a recent decision by Magistrate Judge Daniel J. Stewart granting a defendant's motion to quash a deposition subpoena issued to the company's former in-house counsel as well as a decision by U.S. District Court Judge Gary L. Sharpe denying a motion to dismiss a preliminary injunction he previously entered enjoining certain aspects of New York state's retail cannabis licensing program.
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