By Greg Land | March 2, 2018
A trio of hunters who attempted to erect a newly purchased, floor model deer stand sold without a manual failed to seek out instructions on its use. When it began to fall as one climbed up, he leaped off and shattered his leg.
By Andrew Denney | March 2, 2018
A crime analyst for the Bronx District Attorney's Office filed an eye-popping claim notice earlier this week containing wide-ranging allegations of misconduct within the office, alleging that a booze-and-sex-fueled culture in the office has caused prosecutors to mishandle cases, including a recent gang prosecution that ended in a defendant's charges getting dismissed.
The Legal Intelligencer | Commentary
By Carl W. Hittinger and Tyson Y. Herrold | March 2, 2018
When the Supreme Court scrapped Conley v. Gibson's “no set of facts” federal pleading standard in Twombly (2007) and Iqbal (2009), courts initially struggled to apply the inherently ambiguous “plausibility” standard. In the immediate aftermath, some courts frankly misconstrued Twombly and Iqbal to invite a Daubert-style “gate keeper” appraisal of complaints in which judges could (and should) prune claims that, based on their own personal experience with the subject matter at issue, appeared dubious.
The Legal Intelligencer | Commentary
By Brian T. Feeney | March 2, 2018
A circuit split has recently emerged regarding the circumstances under which a federal district court may exercise federal question jurisdiction under 28 U.S.C. Section 1331 in a proceeding to vacate an arbitration award brought under 9 U.S.C. Section 10.
By Charles Toutant | March 1, 2018
A lawyer's failure to file an affidavit of merit in a nursing malpractice suit is not an extraordinary circumstance warranting relief from filing deadlines, a New Jersey appeals court has ruled.
The Legal Intelligencer | News
By Max Mitchell | March 1, 2018
Like its predecessor, the state Supreme Court's 2014 pronouncement that recalibrated products liability law in Pennsylvania, the latest ruling in Tincher v. Omega Flex has led to a variety of interpretations, but one thing appears certain—the defense bar is encouraged by the opinion's discussion of jury instructions.
By Greg Land | March 1, 2018
Attorneys for the law firm say the entire damages award and fee award—more than $2 million—must be reduced by 68 percent under the apportionment statute. Plaintiff's lawyers say the only applicable reduction is 8 percent of the fault assigned to their client.
The Legal Intelligencer | News
By Zack Needles | March 1, 2018
The Pennsylvania Supreme Court is set to decide whether a mortgagee must issue a new notice of intent to foreclose before filing a second foreclosure complaint after its initial complaint was dismissed.
By Brett M. Buterick and Elizabeth K. Holdren | March 1, 2018
This decision has significant impacts on commercial creditors and may offer contractor-debtors certain strategic advantages.
By Andrew J. Carlowicz Jr. | March 1, 2018
The holding in this case seems to inject new life into the moribund “Ferreira” conferences in professional liability cases.
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