By Riley Brennan | May 28, 2024
The court concluded that while the district court didn't err in dismissing the lawsuit over plaintiffs' nonappearance, as they believed they were to appear by telephone, the dismissal was too drastic given the circumstances.
New York Law Journal | Letter to the Editor
By Thomas R. Newman | May 24, 2024
While the chief judge makes a forceful argument that bears making and repeating until all indigent defendants can be assured of "receiving a constitutionally fair trial," I respectfully question whether a concurring opinion is an appropriate place to make it.
The Legal Intelligencer | News
By Riley Brennan | May 24, 2024
The Supreme Court has previously noted that the theory "has been characterized as one of the strongest presumptions known to the law," and was originally developed "to shield a child from the stigma attached in the past to illegitimacy, which subjected the child to significant legal and social discrimination."
By The Law Journal Editorial Board | May 24, 2024
We realize this bill is the handiwork of powerful forces that thrive in darkness, and we realize it would take great courage for the Governor to break with his party and send the "gut OPRA" amendments back for an overhaul.
By Michael A. Mora | May 24, 2024
"Attorneys have to be very attentive to these changes because they will impact every civil case and they will add to the expense of litigation," said Bruce Berman, a shareholder at Carlton Fields.
The Legal Intelligencer | Commentary
By James M. Beck | May 23, 2024
A new trial (whether by motion, necessitated by a mistrial, or ordered on appeal) certainly defeats law of the case. The slate-wiping function of a new trial means that the law-of-the-case doctrine is "misplaced."
By Riley Brennan | May 23, 2024
"We conclude that the District Court judge erred in holding that G. L. c. 218, § 19A, constrains a court from looking beyond a plaintiff's initial statement of damages in assessing whether there is a reasonable likelihood that recovery by the plaintiff will exceed $50,000. Rather, the statute requires the court to consider the nature of the action itself—and thus the complaint then before the court," Associate Justice Elizabeth N. Dewar wrote on behalf of the SJC.
By Allison Dunn | May 22, 2024
"Bayer is pleased with the plaintiff's decision to voluntarily dismiss these meritless claims against the Company in Sidhu and believes that the replicated claims raised in the Copeland filing are equally baseless," the company said in a statement. "The Company continues to stand behind the safety of the product that is supported by extensive scientific evidence."
The Legal Intelligencer | News
By Riley Brennan | May 22, 2024
"In light of the unique circumstances of this case, the trial court's decision to grant appellees' motion for a new trial was based on careful observation of the proceedings and thoughtful consideration of the parties' interests and their arguments," Judge Dubow said.
By John C. Armentano | May 21, 2024
The Second Circuit's decision puts municipalities on notice that attempts to delay a zoning decision may work against them when there are religious discrimination claims at stake.
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