The Legal Intelligencer | Commentary
By Deborah A. Kunselman | October 20, 2022
When writing an appellate brief, lawyers should carefully choose the issues to appeal. After the brief is written, they should review their argument for each issue to verify that it is fully developed using IRAC or a similar formula.
By Andrew Goudsward | October 18, 2022
Sen. Sheldon Whitehouse said the Office of Legal Counsel had shown a "disregard" for judicial opinions disagreeing with its stance on testimonial immunity for top presidential advisers.
By Max Mitchell | October 18, 2022
Wright Padilla's order regarding the lien also bars Haviland Hughes from "distributing any such sums, or conveying or distributing property of any kind to or for" Haviland until the judgment is paid in full.
By Colleen Murphy | October 18, 2022
"ShipEx was simply wrong to assert that the court could grant summary judgment without prejudice based on an application of the factors in rule 41(b), and it led the court to adopt this error," said Judge David N. Mortensen. "Because summary judgment is by nature an adjudication on the merits and with prejudice, the district court erred in characterizing it otherwise."
New York Law Journal | Expert Opinion
By Adrienne B. Koch | October 18, 2022
This article—the second in a three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase—focuses on two of those aspects: statutes of limitations and waivers of duties.
New York Law Journal | Analysis
By Nicholas Cutaia and Joel E. Antwi | October 18, 2022
In recent decisions, New York courts have shown a consistent willingness to dismiss malpractice claims where a plaintiff impermissibly speculates about the causal link between a lawyer's alleged negligence and the plaintiff's damages.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | October 17, 2022
A party entering into an agreement with the government must be mindful of the precise phrasing of any factual admissions and any agreements regarding what the party thereafter will not contradict.
By Max Mitchell | October 14, 2022
The Legal spoke with Lane about the importance of being prepared in her courtroom, the benefits of calendaring and why the evolution of technology is so important for the legal world.
Daily Business Review | Commentary
By Jay A. Yagoda | October 14, 2022
With the Florida Supreme Court's recent amendment to Florida Rule of Civil Procedure 1.530, litigants statewide now must take an extra step in the trial court to preserve for appeal challenges to defects that appear on the face of final orders and judgments.
By Mason Lawlor | October 13, 2022
"Wharton's address was obviously known because the State mailed a summons to Wharton's address in Georgia," Judge Anthony N. Lawrence wrote in the appellate court's opinion. "[But] because the State attempted service of process by certified mail but never received or filed a return receipt indicating Wharton had been served and never received or filed the envelope marked 'refused,' the State never completed service of process on Wharton as required in Rule 4(c)(5)."
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