By Zach Schlein | April 9, 2019
Former Broward Sheriff Scott Israel argues his case against Gov. Ron DeSantis should first go to Florida's Fourth District Court of Appeal, before heading to the state's high court.
The Legal Intelligencer | News
By P.J. D'Annunzio | April 8, 2019
A federal judge has allowed an Ohio man's Telephone Consumer Protection Act claims to continue in Pennsylvania federal court, ruling that there was enough of a link to the state for the court to have jurisdiction.
By Charles Toutant | April 8, 2019
"The trial court misapplied its discretion by … imposing the equivalent of the ultimate sanction," Appellate Division Judge William Nugent wrote.
By Joel Cohen | April 8, 2019
Ethics and Criminal Practice columnist Joel Cohen discusses prosecutorial discretion in relation to the Jeffrey Epstein case, the Mueller Investigation, and the Jussie Smollett case, and writes: “Is prosecutorial discretion a good thing? Many argue that it can be lawless and tyrannical.” He then looks at why discretion makes sense, “even if there is a glitch or two.”
The Legal Intelligencer | Commentary
By Howard J. Bashman | April 8, 2019
Believe it or not, the very first installment of my monthly appellate column here in The Legal Intelligencer appeared in December 2000—more than 18 years ago—and therein I argued that appellate advocates should be allowed to cite to the unpublished and nonprecedential opinions of the appellate courts in which they are practicing.
New Jersey Law Journal | Analysis
By Joseph Petrillo | April 4, 2019
While the plain language is rather straightforward, in practice, lawyers and judges have wrestled with the application of the rule in cases involving multiple defendants.
The Legal Intelligencer | Commentary
By Shannon McClure and Neil Hlawatsch | April 4, 2019
Removal is the process by which a defendant seeks to have a case transferred from the state court (in which the complaint was originally filed) to federal court. The policy underlying a defendant's right to removal is to prevent any potential bias by the state court in favor of a local plaintiff.
By Amanda Bronstad | April 3, 2019
With Avenatti stepping away from $454 million case on appeal, as he begins to fight criminal charges, court has an array of choices to lead the litigation
By Angela Morris | April 1, 2019
Two bills making their way through the legislature could change the state's anti-SLAPP law and give judges discretion to award fees and costs to litigants who succeed on motions to dismiss.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 1, 2019
In their Federal E-Discovery column, H. Christopher Boehning and Daniel Toal write: Privilege and waiver issues can be especially vexing, particularly when amplified in the e‑discovery context. In 'Pearlstein v. Blackberry', Judge Katharine Parker helps unravel some of these issues, presenting what amounts to a primer on these topics.
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