By Anjali S. Dalal | August 20, 2021
Practitioners should understand the basics of certification, think strategically about how to utilize certification effectively in their cases and how to oppose it when it might work to their disadvantage, and identify opportunities for further development in certification jurisprudence.
New Jersey Law Journal | Commentary
By Philip Geron | August 20, 2021
OP-ED: Is the current system of restricting privately owned process serving companies from serving process out of the Special Civil Part discriminatory, detrimental and dangerous to the poor, undocumented and underprivileged?
By Greg Land | August 19, 2021
U.S. District Judge Michael Brown said the insurer's response to a woman's demand letter laying down conditions for paying the claim constituted a "counteroffer," creating a jury issue of whether the carrier acted in bad faith.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | August 19, 2021
In their Commercial Division update, Thomas Hall and Judith Archer discuss how recent decisions have routinely applied tax estoppel where appropriate, but also have highlighted limitations to the application of the doctrine. They examine a number of rulings that reflect the clear application of tax estoppel, and its use both offensively or defensively.
The Legal Intelligencer | Commentary
By James M. Beck | August 19, 2021
For appellate lawyers, the certified record of the proceedings in the lower court is the be all and end all. "The fundamental tool for appellate review is the official record of the events that occurred in the trial court."
Delaware Business Court Insider | Commentary
By Francis G.X. Pileggi and Chauna A. Abner | August 18, 2021
The revised guidelines include practice tips on remote courtroom proceedings—a necessary consequence of the pandemic that will likely remain a permanent feature of Chancery practice to some degree.
By Greg Land | August 17, 2021
The now-retired special education teacher's doctor confirmed that his patient suffered from multiple maladies including diabetes, hypertension and anxiety, but administrators refused to transfer him to a similar, less-stressful job.
New York Law Journal | Analysis
By Joel R. Brandes | August 17, 2021
When is a judgment or order a final judgment on the merits? In his Law and the Family column, Joel Brandes discusses issues related to the doctrine of res judicata which are frequently involved in matrimonial actions and "can result in disastrous consequences if overlooked by counsel."
New York Law Journal | Analysis|Expert Opinion
By Jack A. Gordon and Alex T. Paradiso | August 17, 2021
A motion for summary judgment in lieu of a complaint, as the CPLR 3213 motion is often referred, provides a quick avenue for relief, melding pleadings and motion practice into one step. Practitioners must be aware, however, of the motion's strict procedural requirements, discussed here.
The Legal Intelligencer | News
By P.J. D'Annunzio | August 16, 2021
"In this case, our examination persuades us that a receiver ... functions as an 'arm of the court,'" the three-judge panel wrote.
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